Colville Confederated Tribes – Page 2

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

British Columbia Court Affirms Aboriginal Hunting and Fishing Rights in Favor of Sinixt People (Suit Involved Colville Tribal Member)

March 28, 2017Matthew L.M. Fletcher

Here is the opinion in R. v. Desautel:

R v Desautel

Three Recent California ICWA Cases

November 24, 2015Kate Fort

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.