PENTICTON— A court ruling in a trespassing case raises larger issues of Indigenous landrights and title, a southern B.C. First Nation said.
Astatement issued by the Penticton Indian Band said it supports three Indigenousmen each fined $500 after they pleaded guilty to trespassing for shooting adeer on property marked as private.
ColeKruger, Felix Thomas Kruger and Fred Kruger were initially charged withtrespassing, unlawful possession of dead wildlife and discharging a firearm ina no-shooting area, after the January 2017 incident.
The menentered a guilty plea in provincial court Tuesday to trespassing after anagreement that the remaining charges would be dropped.
Pentictonband Chief Chad Eneas said in the statement that the pleas were entered afterthe band was unable to reach a deal with the provincial government to address concernsrelated to hunting on private land within the band’s traditional territory.
“Ourmembers were acting under the direction of our elders in accordance with Syilxlaw and protocol. We will always support their right to hunt for food andceremonies in a safe and respectful manner on Syilx Okanagan lands,” the chiefsaid.
“Bypleading guilty we do not admit that the province or private individuals arethe rightful owners of the property. These lands have always been subject tothe title and rights of the Syilx Okanagan Nation.”
ThePenticton band is part of the Syilx people in B.C.’s Okanagan Valley.
The threemen, including Fred Kruger, an elected Penticton Indian Band councillor,declined to comment after sentencing.
The $500fine was substantially higher than the usual $115 fine imposed for trespassing,but the prosecution requested and received the stiffer penalty after a jointsentencing submission.
“Theaggravating feature is the fact that there was a firearm discharged on privateproperty and it could have been a dangerous situation given the time of day,”said Judge Michelle Daneliuk in her reasons for sentence.
Crowncounsel Karla Dodds said earlier that the deer was shot in an area whereno-trespassing signs were clearly visible and at no time did the property ownergive permission to the men to be on the property.
Reply With Quote