File

American Indigenous man has right to hunt in Canada

B.C. court rules Richard Desautel has right to hunt in Canada

An American Indigenous man’s right to hunt in Canada has been upheld by a judge because his ancestors traditionally hunted in this country.

Richard Desautel was charged with violations under British Columbia’s Wildlife Act after he shot and killed a cow elk near Castlegar in 2010.

RELATED: Nelson court hears appeal in Sinixt hunting case

Desautel, a member of the Lakes Tribe in Washington state, argued in provincial court that he was exercising his constitutional right to hunt for ceremonial purposes and was acquitted of the charges in March.

But the Crown appealed to the B.C. Supreme Court, arguing that Desautel is not an Aboriginal person of Canada because the First Nation he claims to be a member of was declared extinct, so he doesn’t have that constitutional right.

RELATED: Province appeals Sinixt hunting case

Justice Robert Sewell has dismissed the appeal, saying Desautel’s tribe traditionally lived on both sides of the border and it has deep connections to its territory in Canada.

Sewell’s written decision says denying the group’s rights would be inconsistent with the objective of reconciliation, because the group occupied the land before European settlers came into contact with First Nations and continued to use the territory after an international boundary was imposed.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

PQBeat Podcast: Ed Mayne talks COVID-19, potential pool for Parksville

Mayor returns to ‘PQB News’ studios to detail summer plans

B.C. Supreme Court dismisses claim against Island Corridor Foundation

Snaw-Naw-As (Nanoose) First Nation was seeking return of reserve land as railway sits unused

Consultant presents two options for Ravensong pool expansion project in Qualicum Beach

RDN committee defers decision until more information available on Parksville pool plans

VIDEO: Musqueam Chief captures captivating footage of bald eagle catching meal

‘This is why we have chosen to live here since time immemorial,’ Chief Wayne Sparrow’s nephew says

Okanagan school drops ‘Rebels’ sports team name, citing links with U.S. Civil War

Name and formerly-used images “fly in the face” of the district’s human rights policy, says board chair

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

‘Mind boggling’: B.C. man $1 million richer after winning Lotto 6/49 a second time

David O’Brien hopes to use his winnings to travel and of course keep playing the lottery

Liberal party finished 2019 having spent $43 million, raised $42 million

All political parties had until midnight June 30 to submit their financial reports for last year

Seven-foot-tall Nanaimo resident helps man in distress in Departure Bay

Peters able to wade out far enough to help ‘frantic’ man in the water

Stop enforcing sex work laws during COVID-19, advocates say

There are provisions in Canada’s prostitution laws that make workers immune from prosecution, but not from arrest

‘Tarantula moth’ spotted in broad daylight on Vancouver Island

Polyphemus moths are one of the largest insects in B.C.

Most Read