November 10, 2024

Canada’s Supreme Court says Native American can hunt in British Columbia

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Desautel argued that he was exercising his right under Section 35 of Canada’s Constitution Act, which recognizes and affirms rights afforded to “the aboriginal peoples of Canada.” He said he had a right to hunt for ceremonial purposes on the traditional territory of his ancestors, the Sinixt.

“On a purposive interpretation of s. 35(1), the expression ‘aboriginal peoples of Canada’ means the modern-day successors of aboriginal societies that occupied Canadian territory at the time of European contact, and this may include Aboriginal groups that are now outside Canada,” the court said.

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