B.C. court rules American Indigenous man has right to hunt in Canada

Sinixt Desautel-with-mics

Sinixt hunter Richard Desautel outside the Nelson courthouse in March, 2017. Photo: Bill Metcalfe

Canadian Press, Dec 29, 2017

Judge rules man’s tribe lived on both sides of the border

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, B.C. in 2010.

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. He 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.

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.

http://www.cbc.ca/news/canada/british-columbia/b-c-court-rules-american-indigenous-man-has-right-to-hunt-in-canada-1.4468026

 

Posted on December 29, 2017, in Uncategorized and tagged , , , . Bookmark the permalink. 2 Comments.

  1. Happy recognition of our indigenous people’s rights

  2. Reblogged this on In Frog Pond Holler and commented:
    This is great news, and an important decision, imo. I’m trying to find the decision document and will come back to share a link if I do.

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