Richard Desautel (centre) was originally charged under the Wildlife Act with hunting without a licence and hunting big game while not a resident of B.C. after he shot and killed an elk near Castlegar in 2010. (Bill Metcalfe/Black Press Media)

B.C.’s top court upholds Sinixt rights in elk-hunting case

Richard Desautel was originally charged under the Wildlife Act with hunting without a licence

The British Columbia Court of Appeal has upheld an American Indigenous man’s rights to hunt in Canada because his ancestors traditionally did so.

Richard Desautel was originally charged under the Wildlife Act with hunting without a licence and hunting big game while not a resident of B.C. after he shot and killed an elk near Castlegar in 2010.

READ MORE: B.C. appeals Sinixt hunting case again

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.

The Lakes Tribe was described in court as a “successor group” to the Sinixt people, who lived, hunted and gathered in B.C.’s Kootenay region prior to first contact with European settlers.

The B.C. Supreme Court confirmed his right in 2017 and the Appeal Court re-affirmed it in a ruling released today.

In dismissing the Crown’s appeal, Justice Daphne Smith says hunting in what is now British Columbia was a central and significant part of the Sinixt’s distinctive culture before European contact and remains integral to the Lakes Tribe.

The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

Nelson’s first cannabis store opens

Kootenay Cannabis Tree has been operating since Nov. 1

The show won’t go on without Terry Brennan

The Capitol Theatre’s technical director is its true star

Castlegar woman to appear on Dragons’ Den

Happy Gut sells water kefir beverages and kits to make water kefir at home.

Four injured in Wednesday evening crash near Beasley

Police say alcohol may have been a factor in the incident

VIDEO: B.C. to restrict nicotine content, bring in 20% tax on vaping products

Province will also restrict candy and fruit flavoured vaping products to adult-only stores

Seguin lifts surging Stars to 4-2 win over Canucks

Dallas is 6-0-1 in last seven outings

B.C. government working with RCMP to address $10 million in budget cuts

Public Safety Minister Mike Farnworth issues statement following report of RCMP cost-cutting

‘City that protects rapists’: Sexual assault survivor slams Kelowna mayor for defending RCMP

Heather Friesen spent the morning handing out flyers around city hall calling out the mayor

BC Liquor Stores to move fully to paper bags by March

Vancouver Island to be the first to convert to paper bags in November

Tolko shuts B.C. divisions for two weeks over holidays

Head office to close from Dec. 23-27; two weeks’ downtime runs Dec. 21-Jan. 6

Port Moody mayor says stayed sex assault charge related to ‘awkward date’

Rob Vagramov said charge was related to a string of dates in 2015

UBC conference draws fire over speaker from Chinese tech company blacklisted in U.S.

The company that has been blacklisted by the U.S. over links to the repression of China’s Muslim minority

‘It’s been 12 years’: Father of murdered B.C. real estate agent pleads for mayor’s help

Lindsay Buziak was stabbed to death on Feb. 2, 2008 in Saanich. Her case is unsolved.

Most Read