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

Provincial COVID-19 data can now be used for B.C. to prepare for a second wave

In the past week, B.C. has seen a slight spike in daily test-positive case counts

Haitian foster children arrive in Nelson after months-long lobbying effort

Marie-Paule Brisson and Sebastien De Marre have parented girls age 12 and 8 since they were babies

Trail RCMP, coroner, investigating fisherman’s sudden death

The Maple Ridge man, in his 50s, died while fishing on a bridge near Trail

From baseball stars to forest fires: Southeast Fire Centre water bomber has an interesting past

Tanker 489 is stationed in Castlegar this year, but in the 1960s it belonged to the L.A. Dodgers.

QUIZ: Are you ready for a summer road trip?

How much do you really know about roads, motor vehicles and car culture? Take this quiz to find out.

Genetic detectives begin work to trace spread of COVID-19 in Canada

The kinds of genetic technology being used for this project did not exist when SARS hit Canada in 2003

Sports fishers protest Fraser River Chinook closures

Public Fishery Alliance wants hatchery fish open for harvest

Amber Alert for two Quebec girls cancelled after bodies found

Romy Carpentier, 6, Norah Carpentier, 11, and their father, Martin Carpentier, missing since Wednesday

B.C. man prepares to be first to receive double-hand transplant in Canada

After the surgery, transplant patients face a long recovery

Grocers appear before MPs to explain decision to cut pandemic pay

Executives from three of Canada’s largest grocery chains have defended their decision to end temporary wage increases

Bringing support to Indigenous students and communities, while fulfilling a dream

Mitacs is a nonprofit organization that operates research and training programs

RCMP ‘disappointed’ by talk that race a factor in quiet Rideau Hall arrest

Corey Hurren, who is from Manitoba, is facing 22 charges

NHL’s Canadian hubs offer little economic benefit, but morale boost is valuable: experts

Games are slated to start Aug. 1 with six Canadian teams qualifying for the 24-team resumption of play

Most Read