Richard Desautel (centre) was originally charged under the Wildlife Act with hunting without a licence and hunting big game while not a resident of B.C. after he shot and killed an elk near Castlegar in 2010. (Bill Metcalfe/Black Press Media)

B.C.’s top court upholds Sinixt rights in elk-hunting case

Richard Desautel was originally charged under the Wildlife Act with hunting without a licence

The British Columbia Court of Appeal has upheld an American Indigenous man’s rights to hunt in Canada because his ancestors traditionally did so.

Richard Desautel was originally charged under the Wildlife Act with hunting without a licence and hunting big game while not a resident of B.C. after he shot and killed an elk near Castlegar in 2010.

READ MORE: B.C. appeals Sinixt hunting case again

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.

The Lakes Tribe was described in court as a “successor group” to the Sinixt people, who lived, hunted and gathered in B.C.’s Kootenay region prior to first contact with European settlers.

The B.C. Supreme Court confirmed his right in 2017 and the Appeal Court re-affirmed it in a ruling released today.

In dismissing the Crown’s appeal, Justice Daphne Smith says hunting in what is now British Columbia was a central and significant part of the Sinixt’s distinctive culture before European contact and remains integral to the Lakes Tribe.

The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

Komatsu announces plans for $40M, 85k-square-foot facility in Sparwood

Komatsu Mining Corp. has announced plans to develop a new 85,000-square-foot sales… Continue reading

Former Fernie Ghostrider re-signs with Vancouver Canucks

Josh Teves has signed a two-year contract with the NHL team

Motor vehicle incident in Sparwood results in death of dump truck driver

An individual has died after the dump truck they were driving went… Continue reading

Fernie chainsaw carver wins big at Logger Days

Michael Penny placed 3rd at Powell River Logger Sports, last weekend

UPDATED: RCMP confirm one death in accident

Two motorcycles ran into the back of a vehicle towing a boat trailer on highway near Cranbrook

VIDEO: Young couple found dead in northern B.C. had been shot, police say

Chynna Noelle Deese of the U.S. and Lucas Robertson Fowler of Australia were found along Highway 97

Latest plan is to fly trapped fish by helicopter over Big Bar slide

Multi-pronged plan set in motion to freesalmon blocked by landslide in the Fraser River

Family of missing B.C. senior with dementia frustrated with situation, heartened by community support

Nine days since Grace was last seen the question remains: ‘How can an 86-year-old just disappear?’

B.C. removes personal limits for bringing home out-of-province alcohol

Previous relgulations placed limits on the amount of liquor that B.C. residents could bring home

Unsealed record suggests U.S. man convicted of murdering Vancouver Island couple left DNA on zip tie in 1987

William Talbott is set to be sentenced Wednesday in the murders of Jay Cook and Tanya Van Cuylenborg

Surrey court clerk files human rights complaint related to concussion

Deborah A. Ryane claims her employer discriminated against her on basis of mental disability

Food fight: Liberals, Tories trade shots as pre-campaign battles intensify

Health Canada released an overhauled document that did away with traditional food groups and portion sizes

Okanagan Air Cadet challenges gender-exclusive haircut policy

Haircut regulation inspires challenge around gender identity

VIDEO: Bystander training gains traction as tool to prevent sexual harassment, violence

Julia Gartley was sexually assaulted after an event, and no one stepped in to help

Most Read