Hyperlawhypertext legal database McKinney v. The Queen [1980] 1 SCR 401

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McKinney v. The Queen

[1980] 1 SCR 401 Court SCC Decision date 1980-03-25 English

PartiesDan McKinney Appellant·Her Majesty The Queen Respondent

Counsel (4)
H.I. Pollock, Q.C., M.B. Nepon and B. Keyser, for the appellant.
A.G. Bowering and M.J. Conklin, for the respondent.
Solicitors for the appellant: Pollock & Co., Winnipeg.
Solicitor for the respondent: Deputy Attorney-General, Winnipeg.

Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers

Delivered by Majority

On appeal from Manitoba

Subjects Aboriginal law

Contents

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.
[Page 402]
Appeal dismissed.
Solicitors for the appellant: Pollock & Co., Winnipeg.
Solicitor for the respondent: Deputy Attorney-General, Winnipeg.

Footnotes

  1. [1] [1979] 2 W.W.R. 545, 46 C.C.C. (2d) 566.
  2. [2] [1976] 2 S.C.R. 137.
  3. [3] (1963), 40 W.W.R. 234.