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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

There are few details but neighbours a Second Avenue house in Chilliwack say a huge police presence descended on the home after shots were heard. (File photo)
RCMP looking for witnesses in $5000 auto part theft

Two catalytic converters valued around $5000 were taken Oct. 22

Mayor Bruno Tassone was presented with a poppy to launch the Castlegar Legion’s annual poppy campaign. Photo: Submitted
Castlegar Legion kicks off poppy campaign

Remembrance Day ceremonies will look different this year

COVID-19. (Image courtesy CDC)
Interior Health reports 18 COVID-19 cases, highest daily count since July

The total of COVID-19 cases in the region is now at 662

A Kelowna clinic decided to immunize their patients in a drive-thru flu clinic earlier this month. (Twila Amato - Black Press Media)
Interior Health anticipates increase in flu vaccinations this season

Some 300,000 doses of flu vaccine ready for distribution across Southern Interior

There is currently no limit on the amount of cannabis shops that can operate in Castlegar. File photo
Cannabis operators propose limit on number of pot shops in Castlegar

Cannabis operators said six pot shops in the city is already too many

B.C. provincial health officer Dr. Bonnie Henry gives a daily briefing on COVID-19 cases at an almost empty B.C. Legislature press theatre in Victoria, B.C., on March 25, 2020. (Don Craig/B.C. government)
B.C. sees 223 new COVID-19 cases, now 2,009 active

Two new care home outbreaks in Surrey, Burnaby

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Canada’s Chief Public Health Officer Theresa Tam responds to a question during a news conference Friday October 23, 2020 in Ottawa. Canada’s top physician says she fears the number of COVID-19 hospitalizations and deaths may increase in the coming weeks as the second wave continues to drive the death toll toward 10,000. THE CANADIAN PRESS/Adrian Wyld
Canada’s top doctor warns severe illness likely to rise, trailing spike in COVID-19 cases

Average daily deaths from virus reached 23 over the past seven days, up from six deaths six weeks ago

100 Mile Conservation officer Joel Kline gingerly holds an injured but very much alive bald eagle after extracting him from a motorist’s minivan. (Photo submitted)
B.C. driver thought he retrieved a dead bald eagle – until it came to life in his backseat

The driver believed the bird to be dead and not unconscious as it turned out to be

Chastity Davis-Alphonse took the time to vote on Oct. 21. B.C’s general Election Day is Saturday, Oct. 24. (Chastity Davis-Alphonse Facebook photo)
B.C. reconciliation advocate encourages Indigenous women to vote in provincial election

Through the power of voice and education Chastity Davis-Alphonse is hopeful for change

White Rock RCMP Staff Sgt. Kale Pauls has released a report on mental health and policing in the city. (File photos)
White Rock’s top cop wants to bill local health authority for lengthy mental-health calls

‘Suggestion’ included in nine-page review calling for ‘robust’ support for healthcare-led response

A Le Chateau retail store is shown in Montreal on Wednesday July 13, 2016. Le Chateau Inc. says it is seeking court protection from creditors under the Companies’ Creditors Arrangement Act to allow it to liquidate its assets and wind down its operations.THE CANADIAN PRESS/Ryan Remiorz
Clothing retailer Le Chateau plans to close its doors, files for CCAA protection

Le Chateau said it intends to remain fully operational as it liquidates its 123 stores

Most Read