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

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

Paramedic Jason Manuel, dressed in PPE, inspects an ambulance at Station 341 on Nov. 30. (Phil McLachlan - Black Press Media)
Second wave, twice the anxiety; Okanagan paramedics reflect on pandemic from the front line

‘I don’t know who that (next) person is going to be, I don’t want it to be me or my family’: Paramedic

Shuswap Cider Company has applied for a licence that would accommodate a cider manufacturing facility, a tasting room and patio/lounge area at Westgate Market in Salmon Arm. (File photo)
Cider manufacturing facilty, tasting room and patio proposed for Salmon Arm

Council asked to raise a virtual glass to a licence for a cidery and amenities in Westgate Mall

Interior Health logo. (File photo)
Flooding at health centre cancels lab and medical appointments in Sicamous

A burst pipe caused the flooding which has not affected physician services

(File)
One death and 82 new cases of COVID-19 in Interior Health

1,981 total cases, 609 are active and those individuals are on isolation

A private retail non-medical cannabis store has been proposed for the Mall at Piccadilly. The application will go to Salmon Arm Council’s planning meeting for a referral on Dec. 7. (City of Salmon Arm image)
Retail cannabis store proposed for Salmon Arm’s Mall at Piccadilly

Application to come to council’s planning meeting on Monday, Dec. 7.

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, Nov. 9, 2020. THE CANADIAN PRESS/Darryl Dyck
Another 694 diagnosed with COVID-19 in B.C. Thursday

Three more health care outbreaks, 12 deaths

Police responded to W.L. Seaton Secondary after reports of young man attempting to smash car windows in the student parking lot on Wednesday, Sept. 25, 2019. (Facebook)
Case of COVID-19 at North Okanagan high school

Member of W.L. Seaton Secondary exposure Nov. 26

Vernon-North Okanagan RCMP was called to a report of a fight at an Okanagan Landing Halloween party Saturday, Oct. 31, but issued the homeowner a ticket  under the COVID-19 Related Measures Act for having too many people at the party. (Black Press file photo)
West Kelowna man, dog rescued from carbon monoxide poisoning

The man was quickly transported to the hospital

The aftermath of the 3 a.m. fire in Keremeos. (Keremeos Fire Department)
Fire and explosion wakes Keremeos residents

A motorhome was consumed and a boat severely damaged after the 3 a.m. fire

Good Samaritan Mountainview Village located at 1540 KLO Road in Kelowna. (Good Samaritan Society)
First long-term care resident dies from COVID-19 in Interior Health

Man in his 80s dies following virus outbreak at Mountainview Village

A demonstrator wears representations of sea lice outside the Fisheries and Oceans Canada offices in downtown Vancouver Sept. 24, demanding more action on the Cohen Commission recommendations to protect wild Fraser River sockeye. (Quinn Bender photo)
First Nations renew call to revoke salmon farm licences

Leadership council implores use of precautionary principle in Discovery Islands

The former BC Tree Fruits office building at 1473 Water Street has been sold. (Contributed)
BC Tree Fruits downtown Kelowna office sold for $7.5M

Historic building sold for 44 per cent more than the $5.2-million asking price

Ten-month-old Aidan Deschamps poses for a photo with his parents Amanda Sully and Adam Deschamps in this undated handout photo. Ten-month-old Aidan Deschamps was the first baby in Canada to be diagnosed with spinal muscular atrophy through Ontario’s newborn screening program. The test was added to the program six days before he was born. THE CANADIAN PRESS/HO, Children’s Hospital Eastern Ontario *MANDATORY CREDIT*
First newborn tested for spinal muscular atrophy in Canada hits new milestones

‘If Aidan had been born any earlier or anywhere else our story would be quite different’

Margaret Holm
HOLM: Better Bicycle Lanes

Margaret Holm writes about solutions to global warming

Most Read