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Desautel argued his right to hunt for ceremonial purposes in the traditional territory of the Sinixt is protected by Section 35(1) of the Constitution, which recognizes and affirms the rights of Indigenous Peoples.
But the Crown maintained Desautel didn t have rights protected by the Constitution because he wasn t part of any recognized Indigenous group in Canada.
Desautel won at every level of the B.C. court system laying the groundwork for the Sinixt to be formally recognized again as an Indigenous people by the Supreme Court.
The Sinixt are part of the Salish people who primarily occupied territory in the B.C. interior and northwestern United States.