Hey guys this just makes me speachless.......tell me again what the hell is going on!!!
I just don't get it the tree huggers/envirotypes should be all over this condemming this type IMO unethical way of hunting, and the everyday hunter following the letter of the law gets a bad rap ever single fricken day. WTF!!!!
http://www.canada.com/topics/news/national/story.html?id=152c1622-241d-4137-baf4-2d71193b7b64&k=85221
Supreme Court grants aboriginal band right to hunt at night Janice Tibbetts, CanWest News Service
Published: Thursday, December 21, 2006 Article tools
Printer friendly
OTTAWA - A B.C. aboriginal band won the right to hunt at night in a split Supreme Court of Canada ruling on Thursday.
The dissenting team of judges in the 4-3 ruling chastised the majority for allowing a protected treaty right to trump public safety.
The decision overturned the convictions of two members of the Tsartlip Nation on Vancouver Island for hunting at night, a practice that is banned not only in British Columbia, but nationwide, on the grounds that it is dangerous to both hunters and the public.
Ivan Morris and Carl Olsen, who were caught a decade ago in a sting operation, successfully argued that they should be able to hunt with rifles in the dark, with the aid of a lamp, because their ancestors had engaged in the practice using torches and bows and arrows.
The majority of the Supreme Court ruled that treaty rights must be adapted to modern times and that “hunting with a rifle and ammunition is the current form of an evolving right whose origins were hunting with a bow and arrow.”
The majority disagreed with the minority that all night hunting is dangerous, and it should be up to the Crown to show it is a dangerous activity, rather than imposing a blanket ban.
“It applies without exception to the whole province, including the most northern regions where hours of daylight are limited in the winter months and populated areas are few and far between,” said the majority ruling, written by justices Marie Deschamps and Rosalie Abella.
In the dissenting decision, penned by Chief Justice Beverley McLachlin and Justice Morris Fish, they concluded that “public safety enjoys preeminent status in matters of this kind.”
The minority noted that courts have consistently found that night hunting “inherently involves an unacceptable and elevated risk to the public.”
The decision is the court’s first pronouncement on night hunting and it is the first victory for Morris and Olsen who, until Thursday, had lost their 10-year legal battle every step of the way.
© CanWest News Service 2006
I just don't get it the tree huggers/envirotypes should be all over this condemming this type IMO unethical way of hunting, and the everyday hunter following the letter of the law gets a bad rap ever single fricken day. WTF!!!!
http://www.canada.com/topics/news/national/story.html?id=152c1622-241d-4137-baf4-2d71193b7b64&k=85221
Supreme Court grants aboriginal band right to hunt at night Janice Tibbetts, CanWest News Service
Published: Thursday, December 21, 2006 Article tools
Printer friendly
OTTAWA - A B.C. aboriginal band won the right to hunt at night in a split Supreme Court of Canada ruling on Thursday.
The dissenting team of judges in the 4-3 ruling chastised the majority for allowing a protected treaty right to trump public safety.
The decision overturned the convictions of two members of the Tsartlip Nation on Vancouver Island for hunting at night, a practice that is banned not only in British Columbia, but nationwide, on the grounds that it is dangerous to both hunters and the public.
Ivan Morris and Carl Olsen, who were caught a decade ago in a sting operation, successfully argued that they should be able to hunt with rifles in the dark, with the aid of a lamp, because their ancestors had engaged in the practice using torches and bows and arrows.
The majority of the Supreme Court ruled that treaty rights must be adapted to modern times and that “hunting with a rifle and ammunition is the current form of an evolving right whose origins were hunting with a bow and arrow.”
The majority disagreed with the minority that all night hunting is dangerous, and it should be up to the Crown to show it is a dangerous activity, rather than imposing a blanket ban.
“It applies without exception to the whole province, including the most northern regions where hours of daylight are limited in the winter months and populated areas are few and far between,” said the majority ruling, written by justices Marie Deschamps and Rosalie Abella.
In the dissenting decision, penned by Chief Justice Beverley McLachlin and Justice Morris Fish, they concluded that “public safety enjoys preeminent status in matters of this kind.”
The minority noted that courts have consistently found that night hunting “inherently involves an unacceptable and elevated risk to the public.”
The decision is the court’s first pronouncement on night hunting and it is the first victory for Morris and Olsen who, until Thursday, had lost their 10-year legal battle every step of the way.
© CanWest News Service 2006
