Trespassing case troubles First Nation chief

Indigenous hunters fined $500 for shooting deer on ‘private’ land within Syilx territory

Our members were acting under the direction of our elders in accordance with Syilx law and protocol.”

Penticton band Chief Chad Eneas

PENTICTON — A court ruling in a trespassing case raises larger issues of Indigenous land rights and title, a southern B.C. First Nation said.

A statement issued by the Penticton Indian Band said it supports three Indigenous men each fined $500 after they pleaded guilty to trespassing for shooting a deer on property marked as private.

Cole Kruger, Felix Thomas Kruger and Fred Kruger were initially charged with trespassing, unlawful possession of dead wildlife and discharging a firearm in a no-shooting area after the January 2017 incident.

The men pleaded guilty to trespassing on Tuesday in provincial court after an agreement that the remaining charges would be dropped.

Penticton band Chief Chad Eneas said in the statement that the pleas were entered after the band was unable to reach a deal with the provincial government to address concerns related to hunting on private land within the band’s traditional territory.

“Our members were acting under the direction of our elders in accordance with Syilx law and protocol. We will always support their right to hunt for food and ceremonies in a safe and respectful manner on Syilx Okanagan lands,” the chief said.

“By pleading guilty, we do not admit that the province or private individuals are the rightful owners of the property. These lands have always been subject to the title and rights of the Syilx Okanagan Nation.”

The Penticton band is part of the Syilx people in B.C.’s Okanagan Valley.

The three men, including Fred Kruger, an elected Penticton Indian Band councillor, declined to comment after sentencing.

The $500 fine was substantially higher than the usual $115 fine imposed for trespassing, but the prosecution requested and received the stiffer penalty after a joint sentencing submission.

“The aggravating feature is the fact that there was a firearm discharged on private property and it could have been a dangerous situation given the time of day,” said Judge Michelle Daneliuk in giving her reasons for sentence.

Crown counsel Karla Dodds said earlier that the deer was shot in an area where no-trespassing signs were clearly visible, and at no time did the property owner give permission to the men to be on the land.