File

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

Sickle Point as seen from the air. (Kaleden Community Association - David Mai)
Second town hall for Sickle Point on Jan. 27

The first town hall was cut short due to technical issues

Nate Brown photo
Okanagan-Shuswap says goodbye sunshine, hello winter

Temperatures are forecasted to drop by mid-next week

The facility in Summerland has 112 long-term care beds. Interior Health funds 75 of the beds. (John Arendt - Summerland Review)
Six more months for temporary Summerland Seniors Village adminstrator

The temporary administrator was appointed following site visits and concerns from Interior Health

Penticton’s 7-Eleven is closed due to an employee testing positive for COVID-19, the company announced Jan. 15, 2021. (Brennan Phillips - Western News)
Penticton 7-Eleven closed after employee tests positive for COVID-19

The store will re-open “on or before” Jan. 23

Real estate sales in the South Okanagan grew by more than any other part of the province in 2020. (Marissa Tiel - Black Press)
South Okanagan fastest growing real estate market in B.C.

There was over $1 billion in residential sales in 2020

Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry head for the press theatre at the B.C. legislature for an update on COVID-19, Jan. 7, 2021. (B.C. government)
B.C.’s COVID-19 spread steady with 509 new cases Friday

Hospitalized and critical care cases decline, nine deaths

A COVID-19 outbreak at Vernon's Heritage Square long-term care home has claimed seven people. (Jennifer Smith - Morning Star)
Two more COVID-19 deaths at Vernon care home

Heritage Square has now lost seven people due to the outbreak

Chief public health officer Dr. Theresa Tam provides an update on the COVID-19 pandemic in Ottawa on Friday, Jan. 8, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada’s top doctor says to avoid non-essential travel as B.C. explores legal options

Premier John Horgan says he is seeking legal advice on whether it can limit interprovincial travel

(Big White Ski Resort photo)
13 more cases of COVID-19 tied to Big White Mountain cluster

This brings the total case count to 175, of which 32 cases are active

RCMP on scene at a home on Sylvania Cres. (Phil McLachlan /Capital News/FILE)
Two Kelowna men arrested after Rutland home invasion

Two Kelowna men, including a prolific offender, facing slew of potential charges

Seasonal influenza vaccine is administered starting each fall in B.C. and around the world. (Langley Advance Times)
After 30,000 tests, influenza nowhere to be found in B.C.

COVID-19 precautions have eliminated seasonal infection

RCMP pictured at a motor vehicle incident during snowy conditions. (Phil McLachlan/Black Press Media/FILE)
Vehicle found abandoned after fleeing Kelowna RCMP, avoiding spike belt

Police believed at the time vehicle was tied to alleged shooting in West Kelowna

West Kelowna RCMP are investigating reports of gunfire in the 1700-block of Ross Road. (Phil McLachlan - Black Press Media)
West Kelowna RCMP investigating reports of gunfire

West Kelowna RCMP said the incident occurred on Jan. 14

Martin Luther King Jr. addresses the crowd during the march on Washington, D.C., in August of 1963. Courtesy photo
Government announces creation of B.C.’s first anti-racism act on Black Shirt Day

B.C. Ministers say education “a powerful tool” in the fight for equity and equality

Most Read