News release

Crown to Appeal Deer-jacking Decision

Public Prosecution Service

The Nova Scotia Public Prosecution Service will appeal the Feb. 5 decision of a justice of the Supreme Court of Nova Scotia overturning Allison Bernard Jr.'s conviction for hunting at night with a light.

In his decision, Justice Michael MacDonald overturned a conviction of deer jacking entered by provincial court Judge Peter Ross. Deer jacking is in violation of section 68 of the Wildlife Act, which says ". . . every person is guilty of an offence who takes, hunts or kills or pursues with intent to take, hunt or kill wildlife by means of, or with the assistance of, a light or flambeau."

The Crown is appealing on grounds:

  • that the judge erred in law when he ruled that section 68 constitutes a violation of Mr. Bernard's aboriginal right to hunt for food at night using a light;

  • that the judge erred in law in the application of the test to determine whether a legislative provision interferes with an aboriginal right; and

  • that the judge erred in law in substituting his view of the facts for that of the provincial court judge.

"The Crown believes these issues warrant consideration by the Province's Court of Appeal," said Martin Herschorn, acting Director of Public Prosecutions.

Attorney General and Justice Minister Michael Baker - the Minister responsible for the Public Prosecution Service - said he supports the decision to appeal.

"It's the right thing to do when public safety is at risk," said Mr. Baker. "While I certainly endorse the aboriginal right to hunt, I believe that public safety and conservation override any other concern."