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

Temporary Cold Weather Shelter in the works for Revelstoke

The Women’s Shelter Society, BC Housing and the city are working on making it happen

Black bear kills donkey in Revelstoke, put down by RCMP

Conservation Officer says once they attack livestock they are a danger to the public

Alberta woman dies in motorcycle accident in Revelstoke

RCMP say an SUV turned left in front of the motorcycle

High 30 for Revelstoke today

Roads and weather conditions

Balu Pass closed in Glacier National Park

The National Park is east of Revelstoke on Highway 1

VIDEO: Could we BE any more excited? ‘Friends’ fans go crazy for merch

Movie theatres will show select episodes to mark the NBC series’ 25th anniversary

Penticton man sentenced in non-fatal 2017 shooting

Elkena Michael Knauff sentenced to seven and a half months in jail

Bodies of two missing Surrey men found near Ashcroft

Ryan Provencher and Richard Scurr have been missing since July 17

Kamloops RCMP locate and arrest man who fled from police

The 22-year-old male was wanted in relation to a domestic violence investigation

Five hedgehogs quickly adopted after being left at BC SPCA

Lucky new owners picked up their pets from Maple Ridge branch on Aug. 20

COLUMN: Much to enjoy at Ryga Arts Festival

As I learn about George Ryga and his contributions, it is clear why this festival carries his name

Okanagan RCMP superintendent helps with arrest

Vernon Supt. Shawna Baher arrests man for theft; turns out to be suspect in assault and robbery

Kelowna man arrested after allegedly setting blaze near Fire Department

The man was allegedly seen lighting bushes on fire near the Kelowna Fire Department

Most Read