Appeal Court Rules on Aboriginal Logging Case

The Nova Scotia Court of Appeal has sent the case of 35 Mi'kmaq loggers convicted of violating the Crown Lands Act back for a new trial.

Justice Minister Michael Baker said the decision today, Oct. 10, by the Court of Appeal does not invalidate Nova Scotia law.

He said the province will continue to monitor timber harvesting on Crown lands and take appropriate enforcement action if necessary.

In March 2001, 35 Mi'kmaq loggers were convicted of violating the Crown Lands Act. The court ruled that the Mi'kmaq did not prove that they had a treaty right to harvest timber and had not proven aboriginal title to the land.

The Mi'kmaq appealed the decision to the Supreme Court of Nova Scotia. The appeal was dismissed in March 2002.

The case was heard by the Nova Scotia Court of Appeal in March of this year.

The Court of Appeal found that the lower court made errors in law that required more evidence and ordered new trials on all charges.

Mr. Baker said today advice on whether to appeal the latest decision will come from the Public Prosecution Service.

He said the province hopes to start negotiations soon with the Mi'kmaq and Ottawa on treaty and related issues.