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

Sister of cancer victim cycles across Canada to raise awareness

Her journey started on May 14 and will end in early August

Top women’s hockey player Natalie Spooner coming to the Okanagan

Natalie Spooner special guest at annual Grindstone Award Foundation charity weekend in Kelowna

Woman in hospital after being thrown off horse

She was airlifted to Kelowna General Hospital from Okanagan Falls

Update: Washed out South Okanagan road temporarily closed for assessment

A portion of Eastside Road, south of Penticton, appears to be crumbling into Skaha Lake

Okanagan Regional Library hosts famous author

Author of The Woo Woo, Lindsay Wong will be in Kelowna Tuesday

‘Teams that win are tight’: B.C. Lions search for chemistry at training camp

The Lions added more than 50 new faces over the off-season, from coaching staff to key players

Update: Plan to see more smoke from South Okanagan wildfire

Richter Creek wildfire, 12 kilometres west of Osoyoos, is an estimated 400 hectares

Growing wildfire prompts evacuation of High Level, Alta.

Chuckegg Creek fire has been burning for several day, but grew substantially Sunday

Okanagan art gallery releases their theme

Fine arts painting will be the point of focus for this year’s event

South Okanagan search and rescue help injured climber

Search and rescue called on the assistance of a helicopter to help retrieve an injured hiker

Okanagan nature centre fundraiser goes western

Allan Brook’s Nature Centre Wine and Wild West Fundraiser is on July 6

Marriage proposal on the big screen at Enderby drive-in

Kelowna man gets engaged in front of hundreds to Vernon sweetheart

Take-home drug testing kits latest pilot to help curb B.C.’s overdose crisis

Researchers look to see if fentanyl testing could be a useful tool for those who use drugs alone

Firefighters respond to bus fire on Highway 1

Smoke in coach bus reported to have been caused by overheating, driver and passengers safe

Most Read