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

Injured dirt biker evacuated from near Bluejoint Lookout

Emergency crews brought the rider to hospital, where doctors determined he had a fractured vertebrae

Milestone RCMP Cops For Kids fundraiser ride going virtual

You can join and help RCMP raise funds for families and possibly win 20th anniversary cycling shirt

Gallery 2 reopens, offers video summer activities

The hand-washing sequence and the people-packed panoramas on display offer new interpretations

Mills oppose Celgar’s ask for cheaper logs destined for chipper

The Castlegar mill has asked the province for a lower rate for any log that goes straight to pulp

QUIZ: Put your knowledge of Canada to the test

How much do you know about our country?

B.C. records 31 new cases, six deaths over three days due to COVID-19

There are 166 active cases in B.C., 16 people in hospital

B.C. highway widening job reduced, costs still up $61 million

Union-only project scales back work to widen Trans-Canada

Greater Victoria nanny pleads guilty to child porn, sexual interference charges

Johnathon Lee Robichaud pleaded guilty to slew of sex crimes

Victoria man dies after skydiving incident on Vancouver Island

34-year-old had made more than 1,000 jumps

BC Wildfire Service to conduct night vision trials for helicopters in South Okanagan

This technology could assist with future firefighting operations

Following incident at sea, fishing lodge says it will reopen despite Haida travel ban

QCL reopens July 10, says president; Haida chief councillor describes ‘dangerous’ boating encounter

Kamloops RCMP officer’s conduct under review after blackface jokes on social media

Meinke’s Instagram is private and it’s unclear when the posts were made

NHL says 35 players have tested positive for COVID-19 since June 8

Positive rate for the league is just under 6%

Most Read