Nanatakapo Guilty Of Careless Use Of A Firearm

Nanatakapo Guilty Of Careless Use Of A Firearm

Tuesday, February 09, 2010 at 13:25

 

 

A First Nations man has been found guilty of carelessly using a firearm on Delaronde Lake.

 

Judge Gerald Morin has ruled 57-year-old Victor Nanatakapo was in the wrong when he discharged his firearm in May of 2008.

 

However, in a 25-page decision, Morin said he sympathized with the traditional land user.

 

He noted that eight years ago, Nanatakapo was dragged by his braids by a police officer for allegedly driving without a licence — while his mother was accused of assaulting a peace officer. Both charges were dismissed.

 

Morin also noted that a conservation officer made an incorrect legal assessment when Nanatakapo complained to him earlier on the day of the shooting that someone had driven over his fishing net on the lake.

 

The conservation officer told Nanatakapo that there was nothing he could do because it was an open lake — but Morin has ruled he was wrong, because the net was private property.

 

Morin also had some questions with some of the testimony provided by the boaters who say they were shot at.

 

But the judge also ruled that Nanatakapo’s use of force was out of line. Morin said he believed the boaters’ story that they were only fishing, and that someone else could have driven over Nanatakapo’s net.

 

In the end, the judge gave Nanatakapo five months probation.

 

Morin also ordered a probation officer to facilitate a meeting between Nanatakapo and his neighbours to discuss his concerns over how the land is used.

 

The order came at Nanatakapo’s request.

 

Speaking outside the courthouse, Nanatakapo said he was happy to have the ordeal behind him.