McKinney v. The Queen
Court headnote
McKinney v. The Queen Collection Supreme Court Judgments Date 1980-03-25 Report [1980] 1 SCR 401 Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers On appeal from Manitoba Subjects Aboriginal law Decision Content Supreme Court of Canada McKinney v. The Queen, [1980] 1 S.C.R. 401 Date: 1980-03-25 Dan McKinney Appellant; and Her Majesty The Queen Respondent. 1980: March 25. Present: Laskin C.J. and Martland, Ritchie, Dickson, Beetz, Estey and McIntyre JJ. ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA Indians—Hunting rights—Treaty Indian hunting on privately owned, non-posted property—No right of access—The Wildlife Act, R.S.M. 1970, c. W140—British North America Act, 1930—Natural Resources Agreement, para. 13. Myran, Meeches et al. v. The Queen, [1976] 2 S.C.R. 137, applied; R. v. Prince (1963), 40 W.W.R. 234, disapproved. APPEAL from a judgment of the Court of Appeal for Manitoba[1], dismissing the appellant’s appeal from convictions for charges contrary to the Manitoba Wildlife Act. Appeal dismissed. H.I. Pollock, Q.C., M.B. Nepon and B. Keyser, for the appellant. A.G. Bowering and M.J. Conklin, for the respondent. The judgment of the Court was delivered orally by THE CHIEF JUSTICE—We do not need to hear you, Mr. Bowering and Mr. Conklin. On the findings of fact in this case, we see no reason for interfering with the result reached by the Manitoba Court of Appeal. We adopt…
Full judgment (source text)
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McKinney v. The Queen Collection Supreme Court Judgments Date 1980-03-25 Report [1980] 1 SCR 401 Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers On appeal from Manitoba Subjects Aboriginal law Decision Content Supreme Court of Canada McKinney v. The Queen, [1980] 1 S.C.R. 401 Date: 1980-03-25 Dan McKinney Appellant; and Her Majesty The Queen Respondent. 1980: March 25. Present: Laskin C.J. and Martland, Ritchie, Dickson, Beetz, Estey and McIntyre JJ. ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA Indians—Hunting rights—Treaty Indian hunting on privately owned, non-posted property—No right of access—The Wildlife Act, R.S.M. 1970, c. W140—British North America Act, 1930—Natural Resources Agreement, para. 13. Myran, Meeches et al. v. The Queen, [1976] 2 S.C.R. 137, applied; R. v. Prince (1963), 40 W.W.R. 234, disapproved. APPEAL from a judgment of the Court of Appeal for Manitoba[1], dismissing the appellant’s appeal from convictions for charges contrary to the Manitoba Wildlife Act. Appeal dismissed. H.I. Pollock, Q.C., M.B. Nepon and B. Keyser, for the appellant. A.G. Bowering and M.J. Conklin, for the respondent. The judgment of the Court was delivered orally by THE CHIEF JUSTICE—We do not need to hear you, Mr. Bowering and Mr. Conklin. On the findings of fact in this case, we see no reason for interfering with the result reached by the Manitoba Court of Appeal. We adopt as a correct statement of the law what was said obiter by Dickson J. in Myran, Meeches et al. v. The Queen[2], at p. 145. We agree with the Manitoba Court of Appeal that R. v. Prince[3] was wrongly decided. The appeal is dismissed. Appeal dismissed. Solicitors for the appellant: Pollock & Co., Winnipeg. Solicitor for the respondent: Deputy Attorney-General, Winnipeg. [1] [1979] 2 W.W.R. 545, 46 C.C.C. (2d) 566. [2] [1976] 2 S.C.R. 137. [3] (1963), 40 W.W.R. 234.
Source: decisions.scc-csc.ca
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