Dupré c. Commissaires d'école pour St-Bernard de Lacolle

Dans le cas qui nous est soumis il y a 6videmment amplement de preuve sur laquelle le jury pouvait se baser DUred pour conclure comme il P' fait.

CoMMIs- Je crois que l'appel doit 6tre maintenu, que le verdict du sEOLE jury doit 6tre r6tabli, ainsi que le jugement de M. le Juge LA Duranleau qui le confirmait, le tout avec d6pens de toutes les Cours contre les intim6s.

J.C. Procureur du demandeur, appelant: J. Cartier, Saint- Jean.

Procureurs de la d6fenderesse, intimbe: Pagg, Beauregard, Duchesne & Renaud, Montrial.

SIGEAREAK E1-53 .....................

APPELLANT; *May 5 AND

May 24 HER MAJESTY THE QUEEN .......... RESPONDENT. ON APPEAL FROM THE APPEAL

NORTHWEST TERRITORIES

Eskimos-Criminal law-Game suitable for human consumption abandoned-Northwest Territories Act, R.S.C. c. 331, s. 13-Game Ordinance O.N.W.T. 1960 (Second Sess.), c. 92, s. 15 (1)(a).

The appellant, an Eskimo, was charged with killing and abandoning game fit for human consumption contrary to s. 15(1) (a) of the Game Ordinance, O.N.W.T. 1960 (Second Sess.), c. 2. There is no dispute that the appellant had killed three caribou and had abandoned parts of them which were fit for human consumption. The charge was dismissed by the Magistrate on the ground that the Game Ordinance did not apply to an Eskimo. On an appeal by way of stated case, the dismissal was confirmed for the same reason. The Court of Appeal reversed this finding and convicted the appellant. The appellant was granted leave to appeal to this Court.

Held: The appeal should be dismissed.

The Royal Proclamation of 1763, upon which the appellant relied, has no application in the region in which the alleged offence took place. The Game Ordinance, which was in force and which was validly enacted by the Commissioner-in-Council pursuant to powers conferred upon him by the Parliament of Canada, applies to the Eskimos. The caribou which were killed in this case were game within the meaning of the Game Ordinance and the offence here was in abandoning parts * Taschereau CJ. and Cartwright, Fauteux, Abbott, Martland, Judson, Ritchie, Hall and Spence JJ.

[19661 S.C.R.