Background
Jacob Kruger and Robert Manuel were Penticton First Nations people in British Columbia who killed deer outside hunting season. This was the land on which their tribe usually hunted, and it now belonged to the Crown. Since the hunting violated the provincial Wildlife Act, they were charged, but they appealed citing their Aboriginal rights under the Royal Proclamation, 1763.
The British Columbia Court of Appeal upheld the convictions, pointing to section 88 of the Indian Act. Section 88 stipulates that, "all laws of general application from time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that such laws are inconsistent with this Act or any order, rule, regulation or by-law made thereunder, and except to the extent that such laws make provision for any matter for which provision is made by or under this Act." The Court of Appeal found that this section allowed the Wildlife Act to apply to Aboriginals.
Read more about this topic: Kruger And Al. V. The Queen
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