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

Father of Saanich murder victim Lindsay Buziak set to appear on Dr. Phil show Friday

Jeff Buziak says he has not seen the show and does not know what to expect

EDITORIAL: We need to change our fire behaviour

Most wildfires in BC during April and May were caused by humans.

So, do you know ‘Dave from Vancouver Island’?

Ontario man searching for fellow he travelled with in Europe 50 years ago

VIDEO: Scorpion found in B.C. woman’s kitchen finds new home in Victoria

The Victoria Bug Zoo welcomed the scorpion on Saturday

Killer of Calgary mother, daughter gets no parole for 50 years

A jury found Edward Downey guilty last year in the deaths of Sara Baillie, 34, and five-year-old Taliyah Marsman

Serious crash scatters pylons, closes highway lanes on mid Island

Crash happened at 1 a.m. Wednesday on the Trans-Canada Highway in Nanaimo

Horse carriage supporters to rally outside Victoria’s city hall

Owner of carriage company plans rally in response to push to shut them down

Christmas morning burglar sentenced on Vancouver Island

Justin Redmond Feusse, 20, sentenced to 240 days in jail for Dec. 25 break-and-enter

Saanich lifeguards earn Vital Link awards for cardiac arrest response

Awards from BC Emergency Health Services recognize quick and skillful life-saving

Thirty trees destroyed in Parksville’s Cedar Ridge Estates

Damage estimated at $30K; city says vandals intended to permanently ruin the trees

UVic science and engineering research gets $18.8 million federal funding boost

Funding for engineering, science, sustainability research

Woman rescued from Nanaimo’s East Wellington bluffs

Evening hike turns into overnight ordeal for Nanaimo woman who lost her way as darkness fell

Most Read