The Supreme Court of Canada materials on Her Majesty the Queen v. Richard Lee Desautel are here.
Here are the materials in Grondal v. Mill Bay Members Assn. (E.D. Wash.):
Related post here.
Historic Victory for Sinixt Hunter Claiming Aboriginal Right to Hunt in Canada
Nelson, B.C. – In a landmark decision, the Provincial Court of British Columbia ruled today that Richard Desautel, a Sinixt descendant resident in the United States, has an aboriginal right to hunt in his traditional territory in Canada.
In 2010, Mr. Desautel was charged with hunting elk as a non-resident, and without a license, near Castlegar, B.C. He is a member of the Lakes or Sinixt tribe of the Confederated Tribes of the Colville Reservation in Washington State, and asserted a constitutionally protected right to hunt in Sinixt traditional territory in Canada. Sinixt territory stretches north from the Colville Reservation to the area in and around the Arrow Lakes in British Columbia. Link to decision here: http://canlii.ca/t/h2ss2
Here is the opinion in R. v. Desautel:
Reported case on notice, where the social service agency attempted to fix the notice issues while the case was on appeal. Fourth District remanded for proper notice.
An unreported case where the trial court refused to apply ICWA because of a lack of written communication from the tribe, though the agency received verbal confirmation of the children’s membership. The case was reversed, also by the Fourth District.
Finally, an unreported case using the “family lore” argument to find there was no notice necessary. Haven’t seen a family lore case in California since 2011. Those cases were all out of the Second District, while this one is out of the First.
The Confederated Tribes of the Colville Reservation, Office of the Reservation Attorney, seeks attorneys with experience and expertise in Indian Law and in working for a tribal government. Expertise in issues related to Tribal Governmental Law and Policy, Water/Natural Resources Law, Economic Development Law, and/or Employment Law. Strong research and writing skills are required. Candidates with litigation experience and experience working with Indian Tribes are particularly encouraged to apply. The Colville Reservation headquarters are located in Nespelem, Wash., and the Reservation contains over 1.4 million acres and provides attorneys the opportunity to work on a variety of important Tribal and Indian Law matters. The Office of Reservation Attorneys is one of the oldest on-reservation tribal government Law Offices, with a strong tradition of excellence.