Michael Marchand of the Colville Tribes in Washington outside the courthouse in Nelson when Richard Desautel was acquitted last month. Bill Metcalfe photo.

Province appeals Sinixt hunting case

The appeal is expected to be heard in the fall.

The provincial crown is appealing the acquittal last month of a Sinixt man from the U.S. who was charged with hunting without a licence and hunting while not being a resident.

In 2010, Richard Desautel shot an elk near Castlegar, resulting in a 16-day trial in Provincial Court in Nelson earlier this year. Judge Lisa Mrozinski acquitted him on the grounds that even though he did not live in Canada he was part of an aboriginal “rights-bearing group.”

The appeal will be heard in B.C. Supreme Court in Nelson, probably in the fall of 2017.

The Notice of Appeal asserts that the judge was mistaken in her ruling that a person resident in the U.S. can have an aboriginal right to hunt, or any other aboriginal right, in Canada.

The crown says the judge was also mistaken in her ruling that a group residing in the U.S. can be a “rights-bearing aboriginal collective for the purposes of section 35 of the Constitution (the section that recognizes aboriginal and treaty rights in Canada).”

In a news release, Michael Marchand of the Confederated Colville Tribes in Washington State said, “We will not be deterred by this predictable move by the B.C. government. The Colville Tribes is absolutely committed to restore the rights of the Sinixt people. We’re prepared to fight for them for as long as it takes to win.”

The provincial crown prosecutor’s office declined to comment.

Just Posted

Warning issued after several overdoses in Castlegar

Interior Health says the overdoses appear to be the result of cocaine contaminated with fentanyl.

Dream come true: sleep centre opens in Castlegar

Castlegar centre offers consultations and sleep lab tests.

Castlegar mural defaced with swastika

RCMP do not suspect that the graffiti was the act of a hate group.

How local candidates are using Facebook to advertise directly to you

Liberal campaign is the biggest spender on Facebook ads in South Okanangan–West Kootenay

Second young woman dies after rollover crash near Williams Lake

‘Someone’s going to get her heart, which is awesome, because she has the best heart in the world’

Google searches for ‘how to vote’ surge on Election Day

Interest spikes despite social media campaign by Elections Canada

Alberta man pleads guilty, fined for hunting without a licence in North Island

It’s the responsibility of each hunter or angler to know whether they are considered a B.C. Resident.

B.C. mayor apologizes for removal of Queen’s portrait from council chambers

‘I prefer to be inclusive of the many aspects of our history’

Alcohol a possible factor in crash that killed 17-year-old girl near Williams Lake

A pickup truck left the road and rolled over on Highway 20 on the weekend

Rare bird spotted in Victoria draws enthusiasts from across the continent

It’s the first time a yellow-browed warbler has been reported on the mainland of North America

B.C. woman must pay $1,000 after unleashed dog bites another

Owner should never have left Bibi unattended, tribunal member wrote

Climate activist Greta Thunberg’s mural defaced in Edmonton

The eyes on the portrait were blacked out

Most Read