No Métis right to fish in Kouchibouguac: court

Jackie Vautour, an 82-year-old who claimed he had the right to harvest clams in a national park because of his Métis descent, has lost his lengthy court battle.

The case dates back to the fall of 1998 when Vautour and son Roy were charged with illegal fishing in Kouchibouguac National Park.  

They were convicted in 1999, but appealed and their convictions were overturned in 2001. A judge ruled the Vautours should have a chance to present evidence to support the claim of aboriginal rights, and a new trial began in 2006 in provincial court.

Vautour and his son both testified that they had harvested clams, and a number of witnesses were called by the Crown and the defence over four years to argue whether a Métis community was ever established in the area.

Moncton provincial court Judge Pierre Arseneault was not convinced, ruling Friday that Vautour's lawyer failed to established a historic presence of Métis in the area.

He wrote that "the evidence would overwhelmingly suggest that none ever existed."

With the aboriginal claim dismissed, the father and son were convicted. Vautour was given an absolute discharge and his son was fined $800.