Law360 Canada ( October 15, 2018, 11:30 AM EDT) -- Appeal by the defendants, Paul and Francis, from an appellate decision affirming a conviction under the Wildlife Act. The defendants were Mi’kmaq members of the Eskasoni First Nation with a constitutionally affirmed aboriginal right to hunt for food. They were arrested for hunting for moose at night with the assistance of their truck's headlights. The defendants submitted that they were exempt from s. 68 of the Wildlife Act, as they were in the process of exercising their aboriginal right to hunt for food. The trial judge convicted the defendants and fined them each $362. A summary conviction appellate court affirmed the conviction. Both judges rejected the defence submission that the aboriginal right exempted the defendants from liability, concluding that hunting at night with a light was unsafe, and was neither a traditional Mi'kmaq practice, nor predated European contact. The defendants appealed to the Court of Appeal....