Is hunting by a resident of another country an Indigenous right? Can Desautel be considered an aboriginal person of Canada? The province says he is not. To decide whether a particular activity is in fact an Indigenous right, it is common for courts to use the so-called Van der Peet test.

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That point test, written by the judges in the case of R v. The province began its argument to the SCC by stating that the judges at the B. Court of Appeal had mistakenly relied on the Van der Peet test, which makes no mention of the location of the rights-holder.

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Also the Sinixt had no political representation or other organizations in Canada with whom the province could deal. The practice of hunting in what is now Canada has always been integral to Sinixt culture therefore meeting the Van der Peet test , whether or not it was continually practised here.

Underhill added it may not have been practised here over some periods of time for any number of reasons including the likelihood the Sinixt in Canada had involuntarily migrated to their reserve in Washington and not felt welcome in Canada. He said that there was no break in how integral to their culture the practice was, even though there may have been breaks in their presence here. That is the culture, that is who they are.

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That is how you practice your culture. Meteorologist says B. Political experts say debate could be one of few events where voters get a chance to truly assess leaders. Pay it Forward program supports local businesses in their community giving.

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