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

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

Just Posted

Abbotsford bank ATM robbery thwarted by woman standing her ground

Police arrest alleged known robber running down South Fraser wearing balaclava

Teen accused in Abbotsford attack on 85-year-old convicted of firearms offence

Brandon Janveaux found in vehicle in Chilliwack with .22-calibre rifle down his pants

Dad of missing Abbotsford woman charged after allegedly exposing himself in park

Barry Shpeley charged with sexual assault and assault at Hougen Park

Not over yet: Mixture of snow, freezing rain on way as winter storm tapers in Lower Mainland

Environment Canada releases weather alert for Metro Vancouver, Fraser Valley

All Mission Public Schools are open today, Jan. 17, except for Deroche Elementary

Superintendent expains one school closed because buses are not running on Nicomen Island

Kids across Canada more at risk of hospitalization from flu this season: doctor

Dr. Theresa Tam said influenza B does not usually peak until February or later

Should winter tires be mandatory in the Lower Mainland?

ICBC dial-a-claims go up as winter storm takes toll

Crown won’t appeal sentence in child sex assault case of former Burns Lake mayor

B.C. Prosecution Service said sentence doesn’t meet standard for appeal

Kelowna’s ‘Baby Mary’ finds biological parents after more than 30 years

Geneologist and DNA test helped her connect with her biological parents

Fire truck, police car hit in chain of crashes on Hwy. 99

‘People weren’t paying attention,’ says Surrey assistant fire chief

B.C. offers $5 million equipment loan program to help ailing forest contractors

Local politicians in Port McNeill and Campbell River says local economies are struggling

Vancouver Island distillery wins award for best Canadian rye whisky

Shelter Point cleans up at Canadian Whisky Awards

Kelowna hotel to award couples for baby-making with Nooner deal

The deal includes a free stay every Valentine’s Day for the next 18 years

Most Read