R v. Peter Paul

In Aboriginal Rights/Defences, Fish Cases on (Updated )

This case involved illegal fishing charges against two First Nations defendants who wished to assert a defence based upon a Marshal type treaty right. Upon reviewing all of the facts, the court distinguished R. v. MacDonald [2001] N.S.J. No. 368 (N.S.C.A.) (digested herein) and granted state funded assistance on the basis of the test set out in R. v. Rowbotham (1998) 41 C.C.C. (3d) 1 (Ont. C.A.).