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

Teal Harle wraps up X Games appearance with personal bests

Finished 12th in ski big air, 11th in ski slopestyle

Campbell River Storm topple Oceanside Generals 6-3 in home victory

Storm goals scored by six different players

Hitched Wedding and Event Affair is a busy affair

This year Hitched is happening at the Comox Community Centre.

Burger and a beer for a cause? Yes, please.

John Howard Society hopes Feb. 3 fundraiser at Match will sponsor one child in KidStart

VIDEO: Boat burns in Maple Street boatyard

Firefighters were called to a boatyard on Maple St. between 14th and… Continue reading

VIDEO: Canada’s first presumptive case of coronavirus officially confirmed

Both patient and wife arrived on a China Southern Airlines flight after having been to Wuhan

Filming for Resident Alien begins in Ladysmith

Aliens and excitement take over the streets of Ladysmith during new TV series

NDP suggests easing secondary housing rules for B.C. farmland

Lana Popham proposes guest homes not just for relatives

After four sexual assaults in the same B.C. park, RCMP ask women not to walk alone

Four sexual assaults took place in Glen Park over two months

The Three Bears are down to two after baby bear carving stolen from his perch in Island community

Thief repeatedly kicked it and dislodged it from cement and rebar

BC Place lights up in purple and yellow to honour Kobe Bryant

Kobe Bryant, his 13-year-old daughter and seven others were killed in a helicopter crash

Whistleblower says Iranian-Americans questioned at Peace Arch crossing were targeted

Immigration lawyer says response from Customs Border Protection is a ‘total cover up’

‘Big money’ funding B.C. politics now mostly from taxpayers

Campaign targets $16 million and counting in ‘politician welfare’

Most Read