Sinixt hunter Richard Desautel at the Nelson courthouse in 2017. Photo: Bill Metcalfe

UPDATED: Canada’s top court agrees to hear B.C.’s appeal on aboriginal hunting rights

Decision could reverse the Sinixt people’s status as extinct in Canada

The Supreme Court of Canada has given the B.C. government the go-ahead to appeal an aboriginal hunting case that started in a Nelson, B.C., court almost three years ago.

Richard Desautel, a Sinixt man who lives in Washington State, was charged in B.C. with hunting without a licence and hunting without being a resident. He was acquitted in B.C. Provincial Court in Nelson in 2017.

The judge found that Desautel had an aboriginal right to hunt in the Sinixt traditional territory, which straddles the U.S.-Canada border, and that the B.C. hunting laws he was charged with are an infringement of that right.

The Sinixt were declared extinct in Canada in 1956. The 2017 decision potentially opened the door to Sinixt rights and status in Canada.

The provincial government appealed the case to the B.C. Supreme Court and lost.

The court decision stated that the Sinixt are legitimately aboriginal people under the Constitution of Canada.

The province appealed that decision to the B.C. Court of Appeal and lost again.

The province then applied to the Supreme Court of Canada for leave to appeal.

The date of the hearing has not been announced.

Mark Underhill, lawyer for the Sinixt, told the Star the province’s main argument is that because the Sinixt are American citizens they can’t hold rights in Canada.

If the court agrees, that will be the end of the matter, Underhill said.

But if the court sides with the Sinixt, their extinct status could be overturned. In fact, Underhill says it has already been overturned.

“The evidence is that this was their territory, that is a proven fact now,” he said, referring to the B.C. Court of Appeal decision currently under appeal. “The extinction declaration is done, it is history, from our point of view. So it disappointing to have the provincial government continue to fight this.”

Asked by the Star for the reason the province is pursuing the case, the provincial Attorney General’s office said it would not comment because the matter is before the courts.

MLAs Katrine Conroy and Michelle Mungall, in whose ridings much of the Sinixt traditional territory sits, were not available for comment.

On Thursday the B.C. legislature formally recognized the United Nations Declaration on the Rights of Indigenous People.

Underhill said there is considerable interest in this appeal from other First Nations groups whose territory crosses the international border in eastern Canada and in the Yukon. He said he expects some of them to intervene in the case.

The date of the Supreme Court of Canada hearing has not been announced.

Related:

• Sinixt hunter acquitted in Nelson court

• U.S. hunter defends Sinixt rights in Nelson court

• Province loses Sinixt hunting appeal

• B.C. appeals Sinixt hunting case again

• B.C.’s top court upholds Sinixt rights in elk-hunting case

• Canada’s top court asked to hear appeal of Sinixt man’s hunting rights

• B.C. to be first to implement UN Indigenous rights declaration

This story was updated on Oct. 25 to include all of the material following the first mention of lawyer Mark Underhill.



bill.metcalfe@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

Clinton hires new Chief Administrative Officer

Wendy Rockafellow will join the village on Jan. 27

$10,000 for Gold Rush Trails marketing video and Billie Bouchie Day celebrations

‘We were very impressed by the calibre of both projects’

First Responders hockey match a great night on and off the ice

‘My face was still hurting from smiling and laughing so much’

Ashcroft closer to getting two Level 2 EV charging stations

Town will be part of a network of charging stations in central and northern B.C.

Campaign aims to end the stigma that still surrounds dementia

Ashcroft resident speaks out about taking care of someone with dementia

Meng extradition case back in court for second day on double criminality test

Meng is accused of lying to HSBC about Huawei’s relationship with an Iran-based subsidiary

Canada to ratify new NAFTA next week following U.S. Senate approval: Trudeau

Trudeau says millions of Canadians depend on stable, reliable trade

Skier dies at Fernie Alpine Resort

It’s the second person to die in a tree well at a ski resort in B.C. in the past week.

Warm ‘blob’ could be behind mass starvation of North Pacific seabirds: study

Unprecedented death toll raises red flag for North American marine ecosystems

VIDEO: Vancouver Island mom shares ‘insane’ experience of viral dinosaur video

Tabitha Cooper filmed her costumed sons meeting their grandma at the Victoria International Airport

Vancouver Island home to one of Canada’s largest private skateboard collections

Eric Pinto owns hundreds of boards, spanning multiple decades

ICBC to bring in ranking system for collision, glass repair shops

Change comes after the much-maligned auto insurer has faced criticism for sky-high premiums

Most Read