The Supreme Court of Canada on Thursday upheld the aboriginal and treaty rights of tribal members who were arrested for logging on government land.

In a unanimous decision, the court said Mi'kmaq and Maliseet people have a right to harvest wood for personal use. Previously, the court denied a right to log for commercial purposes.

The case started when two men from New Brunswick were arrested for taking wood without a permit. They cited treaties with the British in the 1700s that guaranteed the use of timber.

"The nature of the right cannot be frozen in its pre‑contact form but rather must be determined in light of present‑day circumstances," the court stated.

Get the Story:
Top court upholds native rights to log Crown land for personal use (CBC 12/7)

Get the Decision:
R. v. Sappier; R. v. Gray (December 7, 2006)

Earlier Decision:
R. v Marshall / R. v Bernard (July 20, 2005)

Relevant Links:
Union of New Brunswick Indians - http://www.unbi.org/index.html
The Marshall Case, Department of Fisheries and Oceans - www.dfo-mpo.gc.ca/COMMUNIC/Marshall/marshall_e.htm

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