Canada's highest court has upended the federal government's 65-year-old claim that an Indigenous nation from British Columbia's Interior no longer exists.
In a 7-2 decision, the Supreme Court of Canada said the Sinixt Nation, whose reservation is in Washington state, has constitutionally protected Indigenous rights to hunt in their ancestral territory north of the border.
The ruling means that if Indigenous groups outside of modern-day Canada can prove they descended from a pre-contact society in what is now Canada, they can claim Section 35(1) rights under the Constitution, which recognizes and affirms the rights of Indigenous Peoples.
"Persons who are not Canadian citizens and who do not reside in Canada can exercise an Aboriginal right," the decision said.
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