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

Nelson evens the series

Confidence turned into cockiness, Dynamiters’ coach says

‘When you walk in this country, it will know your footsteps’

Gathering of American Sinixt in Nelson seen as ‘coming home’

Kimberley Dynamiters take game one 8-0

Coach Stuart says they cannot expect same Nelson team to show up tonight

Nelson gets $6 million for water upgrade

Funds are from the federal government’s Gas Tax Fund

Nelson city hall outlines 2018 budget

Residential taxes will increase by 3%

REPLAY: B.C. this week in video

In case you missed it, here’s a look at replay-worthy highlights from across the province this week

Kootenay Music Award winners announced

The annual awards event is sponsored by Kootenay Co-op Radio

Bantam provincials open in Nelson

The Nelson Leafs are one of nine teams vying for the title

COLUMN: Driving here is a breeze

But recent traffic stats indicate otherwise

Vault stolen from Nelson Nordic Ski Club

Collection box cut off and taken

SKI TIPS: Build trust in your skis

Whitewater’s Dylan Henderson shows how to let skis catch you in a turn

She. We. They: The Women Show

Touchstones exhibit celebrates Nelson women past and present

Kimberley Dynamiters vs Nelson Leafs; a look ahead

The series begins Friday evening in Kimberley

LETTER: I trust and deeply appreciate the educators in Nelson

Column about bullying, violence was offensive

Most Read