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

Castlegar council sets limits on conference attendance

Councillors can only attend FCM conference once a term

Suspect in custody after Castlegar break and enters

RCMP reminding residents to look their doors.

Passenger counts still rising at West Kootenay Regional Airport

Reliability rates also on rise in second quarter.

Buddhist monument to be dedicated in Slocan cemetery

A new post has been created to mark the site where at least nine Japanese Canadians were cremated

PLACE NAMES: Grand Forks neighbourhoods, Part 2

No nuts were grown in Almond Gardens

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

Two brands of ice cream sandwiches recalled due to presence of metal

The Canadian Food Inspection Agency issued a recall on Iceberg and Originale Augustin brands

Sexual assaults, extortion on the rise even as crime rates stay low: Stats Canada

Rates of police-reported sexual assault rose for the fourth year in a row

Most Read