100% Locally Owned & Operated Desautel Sinixt Hunting Case Wins

May 9, 2019 The Valley Voice 1 Volume 28, Number 9 May 9, 2019 Delivered to every home between Edgewood, Kaslo & South Slocan. Published bi-weekly. Your independently owned regional community newspaper serving the Arrow Lakes, Slocan & North Kootenay Lake Valleys. Desautel Sinixt hunting case wins second appeal by Jan McMurray In an interview, Desautel said, “Now Court Justice Sewell upheld the decision. Sinixt ancestors, if those rights have been court should not assume that the Lakes The landmark Rick Desautel Sinixt that I’ve won the court case, the first He also recognized the Sinixt as an continuously exercised to the present day Tribe of the Colville Confederated hunting case decision has survived its appeal and the second appeal, and there aboriginal people of Canada – because in the geographic area of the claimed Tribe necessarily represents all Sinixt second appeal by the Province of BC. are five judges behind me, I feel it’s a prior to contact, they occupied a part of right in Canada.” descendants. Underhill said some Sinixt The Province’s latest appeal was pretty rock solid case. If the Province what became Canada. Desautel said, “I think my ancestors descendants live in various Okanagan dismissed on May 2 in the BC Court wants to appeal it again, I say bring it on.” In this latest appeal, Justice Smith’s are very pleased with me since I’ve Nation communities, so the ONA didn’t of Appeal in Vancouver by Justice D. Only one more appeal is possible, reasons for decision document states that come up to that country and showed want the court to recognize only the Smith, Justice Willcock and Justice to the Supreme Court of Canada. The the Province’s position that indigenous them we never left; we’re always going Colville Lakes people as Sinixt and Fitch. They found that Desautel, a Province has 60 days to ask the court’s peoples may only hold aboriginal to be there.” thereby limit the Okanagan Sinixt from member of the Lakes Tribe (descended permission to file this final appeal. rights in Canada if they live in Canada The Okanagan Nation Alliance having their rights. from the Sinixt) living on the Colville “I would hope that the Province “ignores the Aboriginal perspective, the (ONA) was an intervenor in both appeal “This decision has application to reservation in Washington State, “has would look carefully at these reasons realities of colonization and does little hearings. Underhill explained that the anyone who can demonstrate they are an aboriginal right to hunt elk in the and focus on the court’s principle towards achieving the ultimate goal of ONA was in support of Desautel’s Sinixt, wherever they live,” Underhill Sinixt’s traditional hunting territory in of reconciliation, and think about reconciliation.” position, urging the court to see that said. “It doesn’t decide who represents British Columbia.” pursuing that avenue as opposed to more The document defines the central simply because a First Nation doesn’t them – that’s a case for another day – Desautel’s lawyer, Mark Underhill, litigation,” Underhill said. issue of the case as “whether members reside in their traditional territory but it has affirmed that Sinixt people, said the decision is significant on two “If there’s no appeal, it becomes of a present-day collective situated today shouldn’t preclude them from wherever they live, have right to hunt in counts. First, “it’s one of the strongest the law of the land,” Desautel said. in Washington State, are entitled to having Section 35 aboriginal rights. their traditional territory, as long as they judgments from our Court of Appeal “We’re on the edge of our seats until exercise the inherent rights of their Also, the ONA put forward that the can show they are Sinixt.” on the need to take into account the the beginning of July to see if they’ll aboriginal perspective when considering appeal. We might just be celebrating these aboriginal rights questions, and a two different Independence Days down strong affirmation that the fundamental here on July 4.” purpose of Section 35 of the Charter Starting in 2008, Desautel purposely is reconciliation with First Nations,” tried a few times to get arrested for he said. hunting in Canada. His goal was to go to The second reason the decision is court in order to get recognition for his significant is “because it continues to people in Canada, a country that declared affirm the existence of the Sinixt and them extinct in 1956. I can’t overstate how significant that He was finally charged in 2010 with is for Rick and thousands of Sinixt hunting in the Castlegar area without descendants on both sides of the a licence, and hunting big game as a border. We were fighting about the very non-resident. He was acquitted of the existence of a First Nation and that lack charges on March 27, 2017 in the Nelson of recognition over many generations courthouse. Judge Lisa Mrozinski found is now taking a toll on the psyche of all that he was exercising his aboriginal right Sinixt descendants. To have the Court as a Sinixt/ Lakes person to hunt in his of Appeal confirm they are indeed traditional territory. Many members of the Colville Confederated Tribes were present to hear the landmark ruling for the Sinixt people by Justice Mrozinski on March aboriginal people of Canada is such a The Province appealed the decision 27, 2017 in the Nelson courthouse. Rick Desautel (front and centre) was acquitted of charges of illegal hunting, as those charges infringe on his significant step for all Sinixt people.” and on December 28, 2017, BC Supreme aboriginal right to hunt in traditional Sinixt territory in BC. Desautel has just won a second appeal lodged by the province of BC. 100% Locally Owned & Operated 2 NEWS The Valley Voice May 9, 2019 Fate of Jewett School discussed at SD8 board meeting by Jan McMurray educational services at JV Humphries Beebe pointed out, the resolution was Perkins also said that it is a public school program in the Much to the surprise of Meadow or via Homelinks at parent discretion unnecessary. Beebe said the board “perfectly normal” to have two- community. Dawn Lang, trustee Creek community members, the in school year 2019-20 and moving had met with parents, staff and the week teacher postings at this time of for Jewett School, made the motion future of Jewett School was on forward.” Jewett School community as part of year, which is the busiest season for at the July 5, 2016 board meeting, the agenda of the April 23 School The school has four students the Facilities Plan process. “They hiring teachers. She said they would and spoke about how the motion District 8 board meeting. this year, and the teacher will be know they can go to JVH, Homelinks probably extend the posting for two “maintains the momentum of the The meeting agenda package transferring to JV Humphries in and DESK. All kids in SD8 can go to more weeks and then keep it open discussion with the community…” included a report outlining the pros the fall. The report indicates that another school. I don’t think we need all summer. However, there has been very and cons of keeping Jewett School the other staff at the school – the to have this to put any spins out to “This resolution is just about little discussion with the community open, and the pros and cons of educational assistant/ custodian and the community or negative feelings offering options to parents should about divesting the school building moving students to JV Humphries in secretary – would also be either out there. It’s already fulfilled in our we get to early September without while maintaining a public school Kaslo or Homelinks. The resolution retiring or working in Kaslo or policies.” a teacher,” she said. “It’s important program in the community since the board was asked to consider Nelson instead, and states that it is However, there was much we have the conversation regarding then. When asked about this at was: “That in the event that the main very difficult to fill positions at the discussion before the resolution died. education at Jewett. We really don’t the recent April 23 board meeting, teacher position at Jewett Elementary school. One parent, Greg Underwood, want it to be last minute.” Superintendent Perkins indicated is not filled for 2019-20, that students In the end, the resolution didn’t attended and let the board know that Deanna Holitzki, Director of that the discussions would take from the Jewett catchment receive go anywhere because as Trustee the community felt blindsided when Human Resources at SD8, explained place according to district policy. they found out about the agenda item that if no teacher is hired by the end She said the Facilities Plan process just a few days before the meeting. of September, they would put the is underway, and is expected to “We have been trying to keep the vacancy out to teachers on call. She be finalized in December 2019 or school open for years now – this is said they are able to offer jobs of up January 2020, with community not the way to go about closing it,” he to 20 days to teachers on call, and meetings to be scheduled for this fall. said. Underwood was concerned that would potentially be able to cover 40 The district is waiting to receive a there were several inaccuracies in the days at Jewett this way. Meanwhile, report on demographics that they’ve Open Sun.

Load more