Norman Bevis Many Fingers, of the Blood Reserve in southern Alberta, shot and killed two dogs engaged in a dogfight. Witnesses estimate that there were 15-30 people, mostly children, in the immediate vicinity of the shooting. Interestingly, Many Fingers attempted to claim that his aboriginal and treaty rights were violated after he was charged with unsafe use of a firearm under ss. 86(1) and 88(1) of the Criminal Code and failure to register a firearm under s. 91(1). He was found guilty under s. 91(1) and appealed.
Here’s the decision. It contains a veritable “greatest hits” of case law concerning the aboriginal right to hunt and duty to consult.
All of his arguments ultimately failed, but the judge still ordered an absolute disharge (pun probably not intended) based on the best interests of the accused and the lack of countervailing public interest. Many Fingers spent one night in jail.