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

UPDATED: Early morning crash on Sooke Road causes traffic delays

The road has now been cleared of two incidents from Thursday morning

Greater Victoria not out of the woods when it comes to bear safety

Conservation receives 1,000-plus calls for bear sightings annually

Homeless campers of Namegans Nation head to Oak Bay

Roughly 30 members of roving tent city settle at Cattle Point in Uplands Wednesday

Sooke school registrations increase

New schools are needed but funding slow to come

Watch: Saanich responds to mock emergency for ammonia Leak

Hazmat suits, emergency centre respond to mock ammonia leak

Find your future at Black Press career fair in Victoria

More than 70 booths expected at Bay Street Armoury on Oct. 25

Manhunt in Crimea for possible accomplice in school attack

An 18-year-old student, who later killed himself, was initially believed to be the only one involved

POLL: Do you support amalgamation for communities in the Capital Region?

Residents in Victoria and Saanich will be voting on Oct. 20 on… Continue reading

Police hand out a few hefty fines for allegedly violating Cannabis Act

Police in Canada posted a photo of a $215 ticket given to someone who allegedly had a baggy of marijuana in their car

Great British Columbia ShakeOut earthquake drill reminder

Don’t miss the opportunity to participate in the Great ShakeOut

Jagmeet Singh says marijuana pardons are not enough

Trudeau government will streamline pardon process for Canadians convicted of simple possession of marijuana in the past

VIDEO: Courtenay marks legalization by passing out free joints

Leaf Compassion celebrates new marijuana law in Courtenay

Most Read