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

Comments are closed

Just Posted

PHOTO: Wells Gray Riders Association holds Canada Day parade

Riders don’t let the rainy morning dampen their spirits

QUIZ: Put your knowledge of Canada to the test

How much do you know about our country?

Impromptu fundraiser exceeds expectations

Gateway Grill raises seven times the needed amount for employee’s grandaughter’s trampoline

Back in Time

Historical Perspective

Clearwater organizations receive funding

Wells Gray Outdoors Club and District of Clearwater among recipients of recovery strategy funds

‘This year is unlike any other’: Trudeau delivers Canada day address

Sophie Gregoire Trudeau and the Prime Minister release video celebrating the national holiday

PHOTOS: Dual rallies take over Legislature lawn on Canada Day

Resist Canada 153 highlighted colonization and genocide, Unify the People called COVID a hoax

Gov. General honours Canadians for bravery, volunteer service

Five categories of winners presented on Canada Day

COVID-19: Should non-medical masks be mandatory in Canada?

New poll shows Canadians are divided on the rules around mandatory masks

‘A little bit scary for everybody’: Air passengers wary as new rules take effect

Masks or face coverings have been mandatory on flights since April 20

VIDEO: Prince William and Kate chat with B.C. hospital staff about COVID-19

Seven-minute video posted to Youtube on Canada Day

River centre says heavy rains could bring flooding to central, northeastern B.C.

Water levels are already unusually high and river banks can be extremely unstable

Most Read