On February 8th, 1978, Francis Haines of the Stone Band was charged under the B.C. Wildlife Act by Fish and Wildlife Conservation Officers for shooting moose outside of season without a permit. Haines' defense argued that the Wildlife Act was enforced in a way that limited and hindered the traditional Aboriginal hunting and trapping rights. The case came up at the Alexis Creek court in June and July 1978, and on October 11th, Judge C.C. Barnett dismissed the charge because he believed in the Aboriginal right to hunt for food during all seasons, and further recognised the history of hostility about Indian hunting in B.C. On February 22nd, the same day that Haines moose was to be returned, the Provincial government appealed the case. Judge Perry, the Appeal Court judge, found him guilty and directed Judge Barnett to sentence him. Judge Barnett refused to sentence Haines on the grounds of his original not guilty verdict. The Appeal was dismissed on September 11th, 1981.
