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

Just Posted

Surrey boy living with congenital heart disease to speak at local Tedx event

Mason Vander Ploeg will be speaking on saving the oceans

Racist graffiti sparks Cloverdale man to renew calls for City to clean up street

Hate message the latest garbage dumped at the end of 176th Street

Survey suggests 83 per cent of Surreyites ‘favour a referendum’ on policing transition

Survey was conducted by Pollara Strategic Insights on behalf of the National Police Federation

Brand new Tesla crashes into Surrey store front, mounts gas line

Driver was heading to the Autoplan store, straight off the lot

HIGHLIGHTS: Day one and two at the 2020 BC Winter Games

Athletes had sunny – but cold – weather to work with in Fort St. John

Tyler Toffoli scores twice, Canucks crush Bruins 9-3

Stecher, Miller each add three points for Vancouver

Zamboni driver, 42, earns NHL win over Maple Leafs

Emergency goalie called into action for Carolina Hurricanes

Governor general says multiple solutions needed for ‘complicated’ overdose issue

Julie Payette met at a fire hall with firefighters and police officers as well as politicians and health experts

Landlord ordered to pay $11K after harassing B.C. mom to move days after giving birth

Germaine Valdez was pressured to move just a few days after giving birth by C-section to her child

Heart attacks strike B.C. husband and wife just over one year apart

Courtenay couple share personal stories to bring awareness to heart month

‘Nothing surprises us anymore:’ U.S. border officials find brain in package

U.S. Customs and Border Protection agents found the brain packed in a glass mason jar in a Canada Post shipment

VIDEO: Giants winning streak now stands at 11

Team erased a 5-2 deficit by scoring every five minutes

Fiery collision involving truck closes Highway 1 at Three Valley Gap

Drivers should expect major delays and congestion; estimated time of re-opening is 2 p.m.

Most Read