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An appeal court judgement upholding the conviction of an Indian hunter may finally lead to a Supreme Court of Canada ruling on treaty rights, says Lawrence Courtoreille of the Indian Association of Alberta and Russell White of the Aboriginal Trappers' Federation.
The Alberta Court of Appeal ruled recently that Bert Horseman's sale of a grizzly bear hide was unlawful because it was "not directly related to nourishment for himself or his family . . ."
The Indian Association of Alberta plans to file suit against the federal government if the case meets with no success in the Supreme Court. The Alberta Court decision "leaves it wide open for us to sue the federal government for breach of trust obligation," said Courtorielle.
Horseman's lawyer say he'll appeal the decision to the Supreme Court of Canada this fall. If the application is approved, it will likely be a year before the case is heard.
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