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Who are the ‘Aboriginal Peoples of Canada’?: Case Comment on R. v. Desautel – Bruce McIvor

May 27, 2021

In the spring of 1811 a party of four Hudson’s Bay Company employees led by David Thompson slid a roughly made cedar canoe into the most northern tributary of the Columbia River and drifted southward in search of the Pacific Ocean. After two months of traveling they met a group of Nsyilxcen speaking Indigenous people at Kettle Falls in current day Washington State. Thompson reached the mouth of the Columbia later that summer and then retraced his steps upriver where he again encountered Nsyilxcen speaking Indigenous people north of Kettle Falls near current day Revelstoke, British Columbia.

199 years later and 50 miles north of Kettle Falls, on the Canadian side of the Canada/U.S. border, Rick Desautel shot an elk. Desautel is an American citizen and a member of the Lakes Tribe of the Colville Confederated Tribes. After informing local conservation officers of his success, Desautel was charged with hunting without a licence and hunting big game while not being a resident of British Columbia. Desautel’s defence was that he had a right to hunt protected under section 35(1) of the Canadian constitution because he was a descendant of the Indigenous people Thompson met in 1811 on the upper Columbia River.

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