Richard Desautel, a member of the Lakes Tribe of the Colville Confederated Tribes in Washington State in the United States, entered Canada legally and shot an elk near Castlegar, BC. The Lakes Tribe is a successor of the Sinixt people, whose traditional territory includes the place where the elk was killed. The main issue in the case was whether the members of an Indigenous group resident in the United States can have an Aboriginal right to hunt in their traditional territory in Canada, even though they aren't citizens of Canada and do not live in Canada. The Supreme Court of Canada decided that "aboriginal peoples of Canada" in section 35(1) of the Constitution Act, 1982 does include peoples with traditional territory in Canada who, after the creation of the international border, have lived in the United States for generations. Their Aboriginal right to hunt in Canada was not lost, even though it had not been exercised for many years.