Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39825
Her Majesty the Queen v. Keith Boucher
(New Brunswick) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-04-01 | Close file on Leave | |
| 2022-03-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-24 | Judgment on leave sent to the parties | |
| 2022-03-24 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 116-18-CA, 2021 NBCA 17, dated March 10, 2021, with reasons dated August 5, 2021, 2021 NBCA 36, is dismissed without costs. Dismissed, without costs |
|
| 2022-03-24 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2022-01-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-24 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2021-11-10 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-11-30, (Printed version filed on 2021-11-10) | Her Majesty the Queen |
| 2021-11-03 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-11-08) | Keith Boucher |
| 2021-11-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-11-19, (Printed version filed on 2021-11-08) | Keith Boucher |
| 2021-10-05 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-10-05 | |
| 2021-09-21 |
Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), (Included in the application for leave to appeal), received: -Affidavit for motion (rec'd 2021-09-21) -paper copy of motion for extension of time (included in notice of application) (rec'd 2021-09-23), Completed on: 2021-10-05, (Printed version filed on 2021-09-23) |
Her Majesty the Queen |
| 2021-09-21 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2021-09-21 | Application for leave to appeal, (Book Form), received: paper copy of notice (includes motion for extension) (rec'd 2021-09-23), Completed on: 2021-09-21, (Electronic version filed on 2021-09-21) | Her Majesty the Queen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Boucher, Keith | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
William B. Richards
520 King Street, Suite 610
Fredericton, New Brunswick
E3B 6G3
Telephone: (506) 453-2784
FAX: (506) 453-5364
Email: patrick.mcguinty@gnb.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Boucher, Keith
Counsel
6th Floor, 73 Water Street
Vancouver, British Columbia
V6B 1A1
Telephone: (604) 688-4272
FAX: (905) 634-3003
Email: kgunn@firstpeopleslaw.com
Agent
55 Murray Street
Suite 230
Ottawa, Ontario
K1N 5M3
Telephone: (613) 702-3042
FAX: (613) 722-9097
Email: genevieve@westawaylaw.ca
Summary
Keywords
Criminal law — Aboriginal law — Aboriginal rights — Hunting — Whether the Court of Appeal’s decision raises a question of public importance regarding the “ancestral connection” portion of the R. v. Powley, 2003 SCC 43 test — Whether there is a need for this Court to clarify the ancestral connection test.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In October 2010, Mr. Boucher hunted a moose for a friend for use as part of a traditional Mi’kmaq wedding ceremony. Mr. Boucher was charged with possessing a moose carcass contrary to s. 58 of the New Brunswick Fish and Wildlife Act, SNB 1980, c F 14.1. At trial, Mr. Boucher admitted the essential elements of the offence but argued he was entitled to possess the moose carcass without a permit or licence as an Aboriginal right under s. 35 of the Constitution Act, 1982. Mr. Boucher was convicted of possessing a moose carcass contrary to s. 58 of the Fish and Wildlife Act. The New Brunswick summary conviction appeal court dismissed Mr. Boucher’s appeal. The Court of Appeal allowed the appeal, vacated the conviction, and acquitted Mr. Boucher.
Lower court rulings
Provincial Court of New Brunswick
Conviction entered: respondent unlawfully having in his possession a moose carcass contrary to s. 58 of the New Brunswick Fish and Wildlife Act
Court of Queen’s Bench of New Brunswick
BCA-5-2017
Appeal dismissed
Court of Appeal of New Brunswick
116-18-CA, 2021 NBCA 17, 2021 NBCA 36
Appeal allowed: conviction set aside
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available