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

Surfrider Pacific Rim: Flash Clean Fridays

Grab your reusable gloves, bags and buckets and join Surfrider Pacific Rim’s newest initiative.

Tla-o-qui-aht First Nation says more resources needed to keep Tribal Parks open during pandemic

Tribal Park Allies program needs more buy-in from Tofino businesses.

Tofino mayor Josie Osborne seeks B.C. NDP nomination for Mid Island-Pacific Rim

Longtime B.C. NDP MLA Scott Fraser announced on Monday that he will not be seeking reelection

Tourists’ vehicles vandalized in Tofino

Community steps up to support visitors.

Mid Island-Pacific Rim MLA Scott Fraser won’t seek re-election

Fraser one of two MLAs to announce intentions as election rumours swirl in B.C.

Record-breaking 165 new COVID-19 cases diagnosed in B.C. in 24-hour period

Fifty-seven people are in hospital battling the novel coronavirus

March to protect old growth, stop industrial logging coming to B.C. Legislature

Organizers say they want to give frontline communities a bigger say in nearby logging

B.C. releases details of $1.5B economic recovery plan, $660M in business tax incentives

Economic plan includes support for employers, as well as training for workers

‘Not criminally responsible’ hearing slated for man convicted of Abbotsford school stabbing

Gabriel Klein was found guilty in March of killing Letisha Reimer, 13, in 2016

B.C.’s 1st mental health and addictions minister won’t be seeking re-election

MLA Judy Darcy is the fifth cabinet minister not intending to run in the next election

Remote B.C. tourism lodge staffed for coastal clean up instead of wilderness tours

The Great Bear Rainforest is home to exotic wildlife — and international trash

Most Read