'Extinct' Canadian First Nation wins in court again

[Cliffy]

B.C. Court of Appeal upholds Sinixt rights

A First Nation declared extinct by the federal government over 60 years ago has won yet another court battle to have its existence recognized — this one in the province's highest court.
The B.C. Court of Appeal has upheld Rick Desautel's right to hunt in Canada, even though he is an American citizen and his First Nation, the Sinixt, was declared extinct by the federal government in 1956.
In 2010, Desautel travelled to B.C. from his home in Washington state to shoot an elk and alerted B.C. Conservation officers to what he had done. He was then charged under the Wildlife Act with hunting without a licence and being a non-resident.
Desautel has won in court three times now.

• Sinixt First Nation not extinct after all, court rules

The Sinixt maintain it was pushed off the Canadian portion of its traditional territory by settlers and miners. The court heard the First Nation was declared extinct for the purposes of the Indian Act.
"Mr. Desautel was not foreclosed from claiming an Aboriginal right to hunt in British Columbia, even though he is not a citizen or resident of Canada," the appeals court ruled.
Desautel, 68, lives on the Colville Reservation, south of the Canada-U.S.border.
He travelled to Canada to hunt in order to challenge the B.C. Wildlife Act and the government's view of the Sinixt as extinct.
Desautel says the ruling is another step toward erasing the Canadian 'extinction' of his people.


More: https://www.cbc.ca/news/canada/brit...an-first-nation-wins-in-court-again-1.5121035

 

[Twin_Moose]

Do you think this is right Cliffy?

 

[taxslave]

Of course it is right for a foreigner to hunt in Canada for free. Conservation doesn't matter to the keepers of the dirt.

 

[Cliffy]

Do you think this is right Cliffy?

Of course it is. It is the first step in having their extinction rescinded. There are Sinixt living in Canada and they have no status, they can't get medical or decent education because the government still considers them extinct. I have been helping them for 30 years to fight this nonsense. The only reason they are extinct according to the Indian act is because, at the time they were declared extinct Canada and BC were starting negotiations with the US over the Columbia River Treaty and they didn't want to include the indigenous people in the negotiations so the governments just arbitrarily declared them extinct even though they were still living in this valley. There is still one Sinixt woman living in Edgewood today. She is 94. More live in the Slocan Valley too. Their extinction was a travesty and needs to be redressed.

 

[petros]

If they have no Status they are free and not slaves.

Why would they want to be oppressed?

 

[Twin_Moose]

Of course it is. It is the first step in having their extinction rescinded. There are Sinixt living in Canada and they have no status, they can't get medical or decent education because the government still considers them extinct. I have been helping them for 30 years to fight this nonsense. The only reason they are extinct according to the Indian act is because, at the time they were declared extinct Canada and BC were starting negotiations with the US over the Columbia River Treaty and they didn't want to include the indigenous people in the negotiations so the governments just arbitrarily declared them extinct even though they were still living in this valley. There is still one Sinixt woman living in Edgewood today. She is 94. More live in the Slocan Valley too. Their extinction was a travesty and needs to be redressed.

So they are being treated like a Canadian citizen not an elite FN person and not getting all the benefits Canada gives FN over their US home? It's all about the loonies baby

 

[petros]

Yup. Just a plain Jane run of the mill Person with standard Rights.

Bummers

 

[Cannuck]

Gubmint should have settled out of court. Would've saved money and made Trumpite heads explode

 

[Cliffy]

So they are being treated like a Canadian citizen not an elite FN person and not getting all the benefits Canada gives FN over their US home? It's all about the loonies baby

You don't understand shit, goof. You worship money so you figure everybody else does. Well, when the shit hits the fan, you will learn that you can't eat money or drink oil. I pity you on that day. Your disconnect from the real world is complete.

 

[Cliffy]

Sinixt First Nation's fight for existence expected to be a long battle

'They were pushed out by a variety of forces including ...a prevailing racist attitude'

The Sinixt First Nation is in the midst of an unprecedented Canadian court battle to win Aboriginal rights to its wildlife-rich traditional territory in B.C. by proving it is not extinct.
The case, which is financed by the U.S.-based Colville Confederated Tribes, is expected to go all the way to the Supreme Court of Canada, given the implications of a Sinixt win for the Kootenays, the province and another First Nation — the Ktunaxa — which has overlapping claims to the same territory.
Everyone agrees that prior to the arrival of Europeans, the Sinixt were here, their lawyer said yesterday in an interview.
The question is whether the First Nation decided to move south to farm, as the Crown argues.
"What's at stake here for First Nations is hopefully the courts affirming you don't lose who you are simply because you move around," said Sinixt lawyer Mark Underhill.
According to the Canadian government, there is no Sinxit First Nation and that means no Aboriginal hunting rights.
Closing arguments began Monday in a provincial courtroom in Nelson B.C.
Sinixt exit forced

Court heard that the Arrow Lakes or Sinixt First Nation was declared extinct for the purposes of the Indian Act in 1956.
Sinixt members are fighting to prove they hold Aboriginal land rights in the West Kootenays and traditional territory in Nelson and Castlegar B.C.


More: https://www.cbc.ca/news/canada/brit...t-nation-extict-court-treaty-rights-1.3872459

 

[taxslave]

Need more information. Like how many actually hold Canadian citizenship. What I am seeing is a bunch of US citizens trying to scam the Canadian taxpayer. What happened in 1956 is irrelevent today. Unless trudOWE is looking to give $10million to foreigners.

 

[Cliffy]

Need more information. Like how many actually hold Canadian citizenship. What I am seeing is a bunch of US citizens trying to scam the Canadian taxpayer. What happened in 1956 is irrelevent today. Unless trudOWE is looking to give $10million to foreigners.

If you knew anything about the Indian Act, you wouldn't sound so ignorant. There hundreds of Sinixt living in Canada. Most were forced to leave their territory because there was a bounty on their heads and genitals. Many moved to the Okanagan and East Kootenays to avoid death. The Indian Act says if you move to someone else's territory, you become whoever is living there. Many live in Penticton and are now considered by the government to be Okanagan and those that moved to the East Kootenays are considered Kutenai. Some even live as far north as the Queen Charlottes and are considered Haida.

 

[taxslave]

If you knew anything about the Indian Act, you wouldn't sound so ignorant. There hundreds of Sinixt living in Canada. Most were forced to leave their territory because there was a bounty on their heads and genitals. Many moved to the Okanagan and East Kootenays to avoid death. The Indian Act says if you move to someone else's territory, you become whoever is living there. Many live in Penticton and are now considered by the government to be Okanagan and those that moved to the East Kootenays are considered Kutenai. Some even live as far north as the Queen Charlottes and are considered Haida.

So if they are all living off the taxpayers in different bands why do they need their own? And how does a foreign illegally hunting in Canada have any rights other than three hots and a cot prior to deportation?

 

[Cliffy]

So if they are all living off the taxpayers in different bands why do they need their own? And how does a foreign illegally hunting in Canada have any rights other than three hots and a cot prior to deportation?

Something you would never understand, but they lived here for 10 thousand years and 80% of there territory is in Canada and natives live off their trust fund from treaty rights and land claims, not taxpayers money. There is no such thing as taxpayers money. Once it goes to government through taxes, it belongs to the government and is no longer yours. Your ignorance is astounding for someone who claims to be part native.

 

[taxslave]

Maybe because I don't get jackshit from the government. But I am forced to give them lots of my money. And then there is the fundemental problem that I simply don't believe that in a democracy one group should get special rights based on skin colour.

 

[pgs]

If you knew anything about the Indian Act, you wouldn't sound so ignorant. There hundreds of Sinixt living in Canada. Most were forced to leave their territory because there was a bounty on their heads and genitals. Many moved to the Okanagan and East Kootenays to avoid death. The Indian Act says if you move to someone else's territory, you become whoever is living there. Many live in Penticton and are now considered by the government to be Okanagan and those that moved to the East Kootenays are considered Kutenai. Some even live as far north as the Queen Charlottes and are considered Haida.

Tell me about this bounty on their heads and genitals ? Why was it not happening to the Okanagan or Kootenay ?

 

[Twin_Moose]

You don't understand shit, goof. You worship money so you figure everybody else does. Well, when the shit hits the fan, you will learn that you can't eat money or drink oil. I pity you on that day. Your disconnect from the real world is complete.

As I understand it from your article is that they have a reserve in the US and want to expand it into Canada because at one time they foraged there before a line was drawn in agreement between Canada and the US. They decided to move South into the US and vacated their Canadian territory, now they can see dollar signs because they found a bloodline that didn't move South with them. Do I have this correct Cliffy?


All I know is the Oil industry pays me money to buy groceries to eat, If that all dried up and there was no other way to make money I guess I could go out on my back forty find a deer, if not one of my calves, to shoot and grow some potatoes, that got paid for by my job with an oil company, what would you do?

Something you would never understand, but they lived here for 10 thousand years and 80% of there territory is in Canada and natives live off their trust fund from treaty rights and land claims, not taxpayers money. There is no such thing as taxpayers money. Once it goes to government through taxes, it belongs to the government and is no longer yours. Your ignorance is astounding for someone who claims to be part native.

And who exactly do you think is financing this trust fund (that we argued about in another thread where I proved to you doesn't exist) and paying for faux land claim? The Queen? Royalties owed to the depth of the plow? HBC shorted them on the full value of Beaver pelts? Natives didn't know anything about what resources were buried here the same as the British Gov. when they signed the treaties, Natives were only worried about feeding their people and continued hunting rights, and you know that's the truth.

 

[Hoid]

White nattys not understanding all this indian stuff.

Who would have guessed?

 

[pgs]

White nattys not understanding all this indian stuff.

Who would have guessed?

Smart people understand all to well that everyone wants a ticket to the gravy train why would faux natives be any different ?

 

[Hoid]

If it does not make sense to a white natty climate change denier how could it not be true?