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.

Just Posted

Trail bus line readies to takeover Kelowna run

Silver City Stage Lines must have a booking site up by Sept. 30; two vehicles activated by Oct. 26

More burning prohibitions rescinded in southeast B.C.

Category 2 and 3 fires will be permitted in Southeast Fire Centre as of 1p.m. on Wednesday.

Municipal spending outpaces population growth 4-fold in B.C.: report

Canadian Federation of Independent Business has released its annual operational spending report

Cops For Kids’ southeast B.C. tour rolls on

Annual RCMP fundraiser will see 34 cyclists ride 1,000 kilometres raising funds

B.C. parents leery of HPV cervical cancer vaccine

Provincial registration uptake among lowest in Canada

VIDEO: Rare close encounter with whale pod spotted off B.C. waters

Pod of southern resident orca whales breach within arms length of whale watchers

Dead B.C. motorcyclist was member of group that raced down mountain road

Some group members record their rides on Strathcona Parkway and post times to page

Indigenous athletes in spotlight at BC Sports Hall of Fame

New gallery to feature Carey Price, Kaila Mussel and Richard Peter

B.C. couple who went missing on flight from Edmonton named by family

Family released a statement Wednesday saying they’re still intent on finding the two-seater plane

VIDEO: A close look at what you were breathing during the B.C. wildfire season

Electron microscope images show soot and tar particles generated by worst B.C. fire season

B.C. woman donates $250,000 to ovarian cancer research for friends

Two of Patty Pitts’s friends passed away from the disease within a year

B.C. could provide clues as to how New Brunswick electoral results shake out

Premier Christy Clark faced a strikingly similar scenario following the province’s 2017 election

Ottawa working to iron out kinks in public alert system

The alerts are being credit with saving lives during last week’s tornadoes

Premier John Horgan ponders debate on voting system changes

B.C. Liberal leader Andrew Wilkinson wants one-on-one, no Green

Most Read