American hunter Richard Desautel (centre) is seen here outside a courthouse in Nelson after his first legal victory in 2017. The provincial Crown has asked for leave to appeal Desautel’s case to the Supreme Court of Canada. Photo: Bill Metcalfe

Canada’s top court asked to hear appeal of American Indigenous man’s hunting rights

Defendent Richard Desautel has already won three court challenges

The B.C. government has requested leave to appeal Richard Desautel’s historic hunting case to the Supreme Court of Canada.

Desautel, the American hunter who shot and killed an elk near Castlegar in 2010, was originally found not guilty of hunting without a licence and hunting without being a resident in a Nelson provincial court in March 2017.

Judge Lisa Mrozinski ruled at the time that Desautel had ancestral hunting rights as a Sinixt despite the First Nation being ruled extinct by the federal government in 1956. The Sinixt traditional territory included the Arrow Lakes in the Kootenays and extended from present-day Kettle Falls in Washington state to north of Revelstoke.

That decision was upheld by the Supreme Court of B.C. in December 2017 and again by the B.C. Court of Appeal last May.

On July 30, the Crown sent a memorandum of argument to the Supreme Court of Canada that requests leave to appeal.

“The guidance of this court in addressing whether Indigenous communities outside Canada may hold Aboriginal rights within Canada and ancillary issues arising therefrom is of national importance and raises issues that have never been wholly addressed by this court,” concludes the memorandum.

The next step will be for the Supreme Court to decide if it wants to hear the case. There’s no deadline for that decision to be made.



tyler.harper@nelsonstar.com

Like us on Facebook and follow us on Twitter

Just Posted

Threats to the Fraser River at a ‘new zenith,’ says river conservationist

The ‘Heart of the Fraser’ should be deemed ecologically significant according to ORC statement

Fraser Valley Regional District administration/government costs set to rise by 18%

Mosquito control and fire dispatch costs also set for increase

Abbotsford owner’s dog to be featured on Jones Soda bottle

Yogi, 10, set to appear on the company’s beverages in the near future

VIDEO: The Offspring performing, ‘Why Don’t You Get a Job?’ in Abbotsford

The Offspring played at Abbotsford Centre on Nov. 30 with Sum 41

A year of burning proposed for the Hatzic area

Mission council postpones decision on an air curtain burner to run at old logging mill site

VIDEO: Rockslide closes Highway 93 in Fairmont Hot Springs

Geotechnical team called in to do an assessment after rocks fell from hoodoos

Infants should be tested for autism if older siblings are diagnosed, Canadian study suggests

Blood test for infants with sibling who’s been diagnosed would get information to families earlier

New centre opens in Fraser Valley to help people on the autism spectrum

The Pacific Autism Family Network opened its Fraser Valley location in downtown Chilliwack

Province gives $4.93M boost to school-based gang prevention program

The funding will see the ‘Erase’ program expand from 12 to 16 communities

VIDEO: Giants fall 3-1 to Victoria in mid-week Island game

The major junior hockey team is back at home in Langley for a toy drive and Santa singalong Friday

Half of shoppers say they have no holiday spending budget

B.C. consumers surveyed estimate they will spend $921 this season

University of the Fraser Valley union demands free menstrual products for staff, students

Petition calls it a human rights issue, asks for products at Chilliwack/Abbotsford campus washrooms

Man killed in crash due to ‘absolutely treacherous’ conditions on Coquihalla

Winter means icy roads are dangerous and drivers should be careful, RCMP say

Bag of cocaine left in B.C. grocery store aisle

RCMP: ‘We sure would like to talk to’ person who left drugs behind

Most Read