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

Former UN committee member defends stance on Coastal GasLink pipeline

First Nations LNG Alliance accused UN committee, human rights watchdog of not doing their research

Coastal GasLink stresses pipeline ‘on a schedule’ as B.C. appoints liaison for Wet’suwet’en

670-kilometre pipeline is schedule to be completed by end of 2023

Jonathan Dieleman announces his retirement from competitive swimming

The Bulkey Valley paralympic swimmer made the announcement early Monday morning.

Witset chosen for housing innovation funding program

Proposal to build healing lodge for at-risk youth one of four selected in B.C.

Feds preparing plane to fly Canadians out of Wuhan, once China gives OK

160 Canadians have asked for help to leave province at centre of coronavirus outbreak

60% of Canadian workers would take a pay cut for better mental health support: survey

Survey found 77% of workers would leave for better wellness initiatives

Runaway rail car reported on same B.C. train line as fatal 2019 derailment

CP Rail confirmed the incident happened on Jan. 14.

Southern resident orca L41 considered missing and feared dead

The orca was last spotted in August 2019 when photographed in western Strait of Juan de Fuca

‘I am so sorry’: Stolen Baby Bear statue reunited with Mama, Papa Bear in B.C. town

Culprit left it near the Henry Road roundabout in Chemainus with a note attached

‘Critically low’ caribou population prompts wolf cull in the Chilcotin

Itcha-Ilgachuz herd numbers down to 385, from 2,800 in 2003

Off-duty B.C. Mountie takes down would-be ice cream thief

Suspect attempted to steal Dilly Bars from Dairy Queen location on Sunday

RCMP to review fatal B.C. train derailment investigation after evidence points to ‘cover up’

The derailment, which occurred on Feb. 4, 2019, killed three men from Calgary

Nanaimo man hit with pole in dispute over off-leash dog

RCMP say no charges recommended at this time

Most Read