Beyond Borders: B.C. Court Rules U.S. Resident Has Aboriginal Right To Hunt In Canada

On March 27, 2017, in an unprecedented decision, the Provincial Court of British Columbia (Court) ruled in R. v. DeSautel (DeSautel) to recognize the aboriginal rights of a First Nation whose members reside in the United States and to allow for the exercise of those rights in Canada.

BACKGROUND

On October 1, 2010, the defendant, Mr. DeSautel, shot an elk for ceremonial meat near Castlegar, B.C. He was charged with two offences under the B.C. Wildlife Act: hunting without a licence and hunting big game while not being a resident.

Mr. DeSautel is a U.S. citizen and resident of the Colville Indian Reserve in Washington State. As a member of the Lakes Tribe, Mr. DeSautel's ancestors are the Sinixt people whose traditional territory spans the U.S.-Canadian border. The northern boundary is in the Kootenay region, near Revelstoke, B.C.