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

10 bags of donated Christmas toys stolen from Salvation Army

Victoria location reported theft to VicPD on Dec. 11

More storms brewing for Greater Victoria

Police warn drivers and pedestrians to use precaution during expected rain and winds

Capital Regional District moves pipeline to save up to 50 trees

Move comes after short but intense lobbying efforts from Grange Road residents

Downtown Victoria Business Association believes in the value of Christmas lights

The general public have mixed feelings after city council motioned to reevaluate decoration costs

Former Peninsula hockey coach hit by car in Beijing

Both legs broken, friends set up GoFundMe to bring him home for Christmas

VIDEO: Ballet Victoria’s take on the The Nutcracker tours Vancouver Island and the Mainland

Performances in Revelstoke, Coquitlam, Chilliwack and Victoria

POLL: Are you dreaming of a white Christmas?

The rain Vancouver Island is famous for is coming down in buckets,… Continue reading

B.C. businesses evacuated due to emailed bomb threat, also received in U.S.

Penticton and Comox Valley businesses evacuated Friday morning

Police respond to alleged bear-spray threats in Vancouver Island park

A number of Comox dog owners have reported their off-leash dogs being threatened with bear spray

B.C. man linked to human remains probe gets absolute discharge on unrelated mischief count

Curtis Sagmoen was in Vernon Law Courts Dec. 13 for a mischief trial

Tilray names several former politicians to international advisory board

Many former politicians and political operatives have made a foray into the legal pot industry

Supreme Court upholds Canada’s right to reargue facts in assisted-dying case

Julia Lamb and the B.C. Civil Liberties Association are spearheading a challenge of the law

B.C. company facing several charges in 2017 chicken abuse case

CFIA investigation leads to 38 charges against Elite Farm Services and Ontario-based Sofina Foods

Woman forcibly confined, sexually assaulted between Creston and Cranbrook

The suspect forced the woman into her vehicle before driving along Highway 3

Most Read