Sinixt hunter Richard Desautel at the Nelson courthouse in 2017. Photo: Bill Metcalfe

Sinixt hunter Richard Desautel at the Nelson courthouse in 2017. Photo: Bill Metcalfe

UPDATED: Canada’s top court agrees to hear B.C.’s appeal on aboriginal hunting rights

Decision could reverse the Sinixt people’s status as extinct in Canada

The Supreme Court of Canada has given the B.C. government the go-ahead to appeal an aboriginal hunting case that started in a Nelson, B.C., court almost three years ago.

Richard Desautel, a Sinixt man who lives in Washington State, was charged in B.C. with hunting without a licence and hunting without being a resident. He was acquitted in B.C. Provincial Court in Nelson in 2017.

The judge found that Desautel had an aboriginal right to hunt in the Sinixt traditional territory, which straddles the U.S.-Canada border, and that the B.C. hunting laws he was charged with are an infringement of that right.

The Sinixt were declared extinct in Canada in 1956. The 2017 decision potentially opened the door to Sinixt rights and status in Canada.

The provincial government appealed the case to the B.C. Supreme Court and lost.

The court decision stated that the Sinixt are legitimately aboriginal people under the Constitution of Canada.

The province appealed that decision to the B.C. Court of Appeal and lost again.

The province then applied to the Supreme Court of Canada for leave to appeal.

The date of the hearing has not been announced.

Mark Underhill, lawyer for the Sinixt, told the Star the province’s main argument is that because the Sinixt are American citizens they can’t hold rights in Canada.

If the court agrees, that will be the end of the matter, Underhill said.

But if the court sides with the Sinixt, their extinct status could be overturned. In fact, Underhill says it has already been overturned.

“The evidence is that this was their territory, that is a proven fact now,” he said, referring to the B.C. Court of Appeal decision currently under appeal. “The extinction declaration is done, it is history, from our point of view. So it disappointing to have the provincial government continue to fight this.”

Asked by the Star for the reason the province is pursuing the case, the provincial Attorney General’s office said it would not comment because the matter is before the courts.

MLAs Katrine Conroy and Michelle Mungall, in whose ridings much of the Sinixt traditional territory sits, were not available for comment.

On Thursday the B.C. legislature formally recognized the United Nations Declaration on the Rights of Indigenous People.

Underhill said there is considerable interest in this appeal from other First Nations groups whose territory crosses the international border in eastern Canada and in the Yukon. He said he expects some of them to intervene in the case.

The date of the Supreme Court of Canada hearing has not been announced.

Related:

• Sinixt hunter acquitted in Nelson court

• U.S. hunter defends Sinixt rights in Nelson court

• Province loses Sinixt hunting appeal

• B.C. appeals Sinixt hunting case again

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

• Canada’s top court asked to hear appeal of Sinixt man’s hunting rights

• B.C. to be first to implement UN Indigenous rights declaration

This story was updated on Oct. 25 to include all of the material following the first mention of lawyer Mark Underhill.



bill.metcalfe@nelsonstar.com

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

James Taylor, a Saanich resident and member of the Curve Lake First Nation, walked all over Greater Victoria on May 5 in honour of Red Dress Day and the National Day of Awareness for Missing and Murdered Indigenous Women and Girls. (Devon Bidal/News staff)
Indigenous man walks Greater Victoria to honour missing and murdered women and girls

James Taylor, of the Curve Lake First Nation, marks Red Dress Day with healing walk, songs

A man who allegedly spat at and yelled racial slurs at an Asian family was arrested for hate-motivated assault Tuesday. (Black Press Media file photo)
Man arrested for allegedly spitting, yelling anti-Asian racial slurs at a mother and kids

The man was arrested for hate-motivated assault near Quadra Elementary School Tuesday

Victoria police is asking for the public’s assistance in identifying this suspect after they allegedly robbed a Douglas Street bank on Tuesday. (Photo courtesy of VicPD)
Police seek identity of suspect who alllegedly robbed Victoria bank

Officers were called to a bank in the 1000-block of Douglas Street just after 5:30 p.m. on Tuesday

This sign, visible from Highway 17 and suggesting dissatisfaction with the public health measures responding to the COVID-19 pandemic, disappeared from this location after having stood on a private North Saanich property for several days. (Wolf Depner/News Staff)
Sign in North Saanich warning of police state gone

The sign stood for several days on a private property and was visible from Highway 17

Victoria police said Wednesday that they continue to look for Belinda Ann Cameron, who was last seen on May 5, 2005. (Photo courtesy of VicPD)
Victoria police still looking for Belinda Cameron who was last seen 16 years ago

Cameron was reported missing on June 4, 2005, and her case is deemed suspicious

Jose Marchand prepares Pfizer COVID-19 vaccination doses at a mobile clinic for members of First Nations and their partners, in Montreal, Friday, April 30, 2021. The National Advisory Committee on Immunization is coming under fire after contradicting the advice Canadians have been receiving for weeks to take the first vaccine against COVID-19 that they’re offered. THE CANADIAN PRESS/Ryan Remiorz
Trudeau says he is glad he got AstraZeneca, vaccines are only way out of pandemic

‘The most important thing is to get vaccinated with the first vaccine offered to you’

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of May 4

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

(Black Press Media file photo)
POLL: Do you plan to travel on the Victoria Day long weekend?

It’s the unofficial start to the summer season. A time of barbecues,… Continue reading

B.C.’s provincial health officer, Dr. Bonnie Henry. THE CANADIAN PRESS/Jonathan Hayward
Dip in COVID-19 cases with 572 newly announced in B.C.

No new deaths have been reported but hospitalized patients are up to 481, with 161 being treated in intensive care

Protesters attempt to stop clear-cutting of old-growth trees in Fairy Creek near Port Renfrew. (Will O���Connell photo)
Clash between loggers, activists halts forestry operations over Fairy Creek

Forest license holders asking for independent investigation into incident

The courthouse in Nanaimo, B.C. (News Bulletin file)
Island man sentenced in Nanaimo after causing a dog unnecessary pain and suffering

Kiefer Tyson Giroux, 26, of Nanoose Bay, given six-month sentence

Following a one-year pause due to the pandemic, the Snowbirds were back in the skies over the Comox Valley Wednesday (May 5) morning. Photo by Erin Haluschak
Video: Snowbirds hold first training session in Comox Valley in more than 2 years

The team will conduct their training from May 4 to 26 in the area

Solar panels on a parking garage at the University of B.C. will be used to separate water into oxygen and hydrogen, the latter captured to supply a vehicle filling station. (UBC video)
UBC parkade project to use solar energy for hydrogen vehicles

Demonstration project gets $5.6M in low-carbon fuel credits

Most Read