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

Total hogwash: Mr. Banks gives cars a piggy polish

Mr. Banks, who lives on the Critteraid farm in the Okanagan, was offering the service on the weekend

Okanagan Fest of Ale promises to be bigger and better

A record breaking 75 breweries are now confirmed to participate at the annual event in Penticton

Okanagan-Shuswap weather: A mix of sun and cloud, potential showers

Environment Canada predicts showers today will go away to allow for sun later in the week.

RV lifestyle comes to the Okanagan

BC Interior RV Show returns to Penticton for the eighth year

Funding brings sigh or relief for Penticton Search and Rescue

Province announces a funding injection for operations, equipment and training

The good, bad and the unknown of Apple’s new services

The announcements lacked some key details, such as pricing of the TV service

Island author brings inspiration to Okanagan

Caetani Cultural Centre hosts writer in residence

SPCA seizes 54 animals from Vernon property

Animals weren’t receiving adequate care

Eviction halted for B.C. woman deemed ‘too young’ for seniors’ home

Zoe Nagler, 46, had been given notice after living in the seniors complex in Comox for six years

UBC Okanagan develops new heart valve to help high-risk patients

The first ever nanocomposite biomaterial heart-valve can be inserted through a small incision

Vancouver Island home to B.C.’s luckiest lotto store

Five million-dollar winners have bought tickets from same Port Alberni corner store

Video of ‘shocking, chilling execution’ opens B.C. murder hearing

Sentencing underway for Brandon Woody after pleading guilty to second-degree murder in Nanaimo

Okanagan washouts could have connection to wildfires

The ministry said wildfires have impacted the severity of some landslides and washouts

Most Read