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

Police name second suspect, lay kidnapping and attempted murder charges in connection with Rudy Johnson Bridge incidents

Drynock is considered dangerous, do not approach him and call the local RCMP detachment immediately

Skeena-Bulkley Valley candidates react to finding Trudeau broke ethics law

The election campaign is heating up before the writ has even dropped

Links probable between homicide, missing persons investigation in Williams Lake

Rich ‘Savage’ Duncan the victim of Aug. 6 homicide

Heiltsuk challenges feds decision to award $67M contract to east coast towing company

Heiltsuk Horizon challenges decision to award emergency ship towing contract to Irving company

Jim Pattison takeover offer ‘non-binding,’ Canfor cautions investors

B.C. billionaire already big shareholder in forest industry

QUIZ: How much do you remember about Woodstock?

Weekend music festival in Bethel, New York, was held 50 years ago

Canada ‘disappointed’ terror suspect’s British citizenship revoked

Jack Letts, who was dubbed “Jihadi Jack” by the U.K. media, has been detained in a Kurdish prison for about two years

Chrystia Freeland condemns violence in Hong Kong, backs right to peaceful assembly

There have been months of protests in the semi-autonomous region

B.C. VIEWS: Log exports and my other errors so far in 2019

Plastic bags, legislature overspending turn out differently

‘It’s just the freedom:’ Paralyzed Broncos player pursuing life on the water

The former Humboldt Broncos goaltender, who started in the net when he was nine, was paralyzed last year

Canadians killed in Afghanistan honoured during emotional dedication ceremony

One-hundred-fifty-eight Canadian soldiers died during the mission

It’s snow joke: Up to 30 cm of snow expected to fall in northeastern B.C.

Alaska Highway, Fort Nelson to be hit with August snowstorm, according to Environment Canada

‘I’m just absolutely disgusted’: Husband furious after B.C. Mountie’s killer gets day parole

Kenneth Fenton was sentenced to prison after he fatally struck Const. Sarah Beckett’s cruiser

Sea-to-Sky Gondola in B.C. likely out of commission until 2020

Sea to Sky Gondola carries between 1,500 and 3,000 people every day during the summer season

Most Read