Mr. Sundown, a member of a Cree Nation that entered into Treaty 6 (1876), was accused of violating Saskatchewan laws by cutting down trees and building a log cabin in a provincial park. The Supreme Court decided that, given the Cree's expeditionary method of hunting, building a shelter was reasonably incidental to their treaty hunting right. Building a cabin was a natural evolution of this incidental right, which originally would have involved construction of a lean-to shelter. As the accused was exercising his constitutional right to hunt when he built the cabin, he was acquitted.