New Brunswick's Court of Appeal says aboriginals have the right to cut Crown trees to earn a living.

In a 2-1 decision released on Thursday, the Appeal Court acquitted Joshua Bernard, a Mi'kmaq of Pabineau First Nation, on a charge of illegal possession of Crown timber.

Joshua Bernard, right, and his lawyer Bruce Wildsmith on their way to court in 2002
Joshua Bernard, right, and his lawyer Bruce Wildsmith on their way to court in 2002

The province will take some time to look at the ruling and decide whether to appeal to the Supreme Court of Canada, said Justice Minister Bradley Green.

"We will be reviewing it very carefully over the next several days," he told CBC Newsworld.

Bernard was convicted in 2000 for cutting 23 trees from Crown land in eastern New Brunswick.

The 18th century treaty
The 18th century treaty

The Appeal Court has placed a stay on the effect of its decision for one year to allow the government and native groups a chance to work out how to include First Nations people in the forestry.

Minister Bradley said that "is a task that is going to require a great effort and spirit of co-operation" between the government and the First Nations.

The split decision of the Appeal Court means the Supreme Court will have to hear an appeal should the province ask for one.