- Home
- Environmental
- Court Cases
Court Cases
Bernard and Marshall Commerical Logging
- By New Brunswick Aboriginal People's Council
- Published January 13th, 2009
- Court Cases
Bernard and Marshall Supreme Court of Canada Decision July 20, 2005
NBAPC, on behalf of our membership, intervened to make presentations to the Court with respect to who the beneficiaries of the rights are and that the treaties and the rights are held by the Mi'Kmaq Nation and not simply on part (ie.,the Indian Act Bands) of he Nation.
Personal Wood, Sappier, Polchies
- By New Brunswick Aboriginal People's Council
- Published January 13th, 2009
- Court Cases
R v. Sappier and Polchies
Appeal to the Supreme Court of Canada
Facts
The defendants, Sappier and Polchies, are status Indians and Maliseet from the Woodstock First Nation Reserve. They were cutting trees on Crown Land to use for making furniture and a house for themselves. They planned to use the leftover wood as firewood. They were charged with unauthorized possession of timber taken from Crown land and the Crown lands and forest Act, S.N.S. 1980, c. C-381. They claimed to have both a treaty and an aboriginal right to harvest timber for personal use.
Personal Wood, Gray
- By New Brunswick Aboriginal People's Council
- Published January 13th, 2009
- Court Cases
Facts
The defendant, Darrell Gray, is a status Indian and a Mi’kmaq from Pabineau First Nation Reserve. He harvested four bird’s eye maple trees on Crown land, which he intended to use to make furniture for himself. He was charged with unauthorized cutting of timber on Crown Lands under the Crown Lands and Forest Act,S.N.B. 1880,c.C-38.1. He claimed both a treaty and aboriginal right to harvest trees for personal use.
