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

RCMP confirm homicide investigation underway near Quesnel

Police releasing few details four days after homicide occurred Monday, July 6

Audit of Quesnel BC Timber Sales program finds issues, non-compliance

A audit of the BC Timber Sales program and timber-sale licensees in… Continue reading

Making memories: Quesnel Lake a second home for Gerich family

The family moved around B.C. for work but always returned to Quesnel Lake

Horgan says B.C. restart making gains as more people come out of their homes

B.C. announced the easing of more restrictions on businesses, recreation and travel last month

B.C.’s COVID-19 job recovery led by tourism, finance minister says

Okanagan a bright spot for in-province visitor economy

National Kitten Day aka the ‘purrfect’ day to foster a new friend

July 10 marks National Kitten Day, a special day to celebrate all things kittens

Lower Mainland YouTubers claim to be Kelowna display toilet ‘poopers’

RCMP can not speak to legitimacy of video, will be investigating

Haida matriarchs occupy ancient villages as fishing lodges reopen to visitors

‘Daughters of the rivers’ say occupation follows two fishing lodges reopening without Haida consent

Conservatives say police should be called into investigate WE charity scandal

Trudeau is already under investigation by the ethics commissioner for potential conflict of interest

Amber Alert continues for missing Quebec girls, 6 and 11, and their father

Police issued the alert for Norah Carpentier, 11, and Romy Carpentier, 6, from Levis, Que.

Limit police access to lethal weapons in Indigenous communities: Justice Summit

Grassroots-organized National Indigenous Justice Summit was a free-to-attend two-day videoconference

Survey, hotline launched amid probe into racist blood-alcohol guessing game at B.C. hospital

Mary Ellen Turpel-Lafond has been appointed to lead an investigation by Health Minister Adrian Dix

Most Read