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.

Just Posted

Multi-vehicle crash along the Malahat leaves traffic crawling

Southbound lane heavily delayed at Malahat Summit

Victoria man arrested in connection with Hillside murder

Daniel Creagh faces second-degree murder charge in death of Joseph Gauthier

Raccoons making themselves at home on Saanich property

Resident blames neighbour for attracting pests to area

Peace Walk fundraiser for hospice runs on Sunday

Take a walk, have a snack, and help donate to a local charity

City of Victoria joins national food waste reduction program

The City is partnering in the Love Food, Hate Waste Program

Why do they do it? Coaches guide kids to wins, personal bests at the BC Games

Behind the 2,300 B.C. athletes are the 450 coaches who dedicate time to help train, compete

Government sets full-time salary range for Justin Trudeau’s nanny

At its top range, the order works out to a rate of $21.79 per hour, assuming a 40-hour work week

Lower Mainland teams battle for baseball gold at BC Games

Vancouver Coastal squeaked out a 3-2 win against Fraser Valley

Saanich welcomes feedback on development charges

Info sessions set for July 25 on update to Saanich DCC bylaw

The Northern Secwepemc te Qelmucw people signed an agreement-in-principle with the B.C. government

The signing ceremony, at the Eliza Archie Memorial School, was 25 years in the making

Haida Gwaii village faces housing crisis, targets short-term rentals

Housing is tight and the village is pretty close to zero vacancy

Gold medals for Victoria rowers at BC Games

Both girls row out of the Victora City Rowing Club at Elk Lake

Most Read