• Scott Ellis v. Deputy Director of Wildlife

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    Decision Date: October 21, 1999

    Panel: Toby Vigod

    Keywords: hunting licence; consent order

    Scott Ellis appealed a decision of the Deputy Director of Wildlife, Ministry of Environment (the “Ministry”), suspending Mr. Ellis’ hunter number, cancelling his hunting licence, and requiring him to complete the Conservation and Outdoor Recreation Education (“CORE”) examination before he could obtain a new hunting licence.

    Mr. Ellis successfully completed the CORE examination in 1991.  Subsequently, the examiner who certified Mr. Ellis’ completion of the CORE examination was convicted of falsifying CORE examination results.  The Deputy Director’s decision was based on his finding that Mr. Ellis’ CORE certification “may” have been completed improperly.

    Mr. Ellis appealed on the basis that he had completed the CORE certification in good faith, there was no evidence that his CORE certification was improperly completed, and he never committed any offence under the Wildlife Act or regulations.  He also argued that the Deputy Director had failed to inform him of the matter within a reasonable period of time.

    Before the appeal was heard, Mr. Ellis supplied the Deputy Director with additional evidence of his fitness to hunt and to hold a hunting licence.  The Deputy Director acknowledged that, had he seen that evidence before making his decision, he would not have taken the action he did.  Based on the new information, the parties reached an agreement to resolve the appeal.  The Board issued a consent order confirming the parties’ agreement.

    With the consent of the parties, the Board ordered that Mr. Ellis’ hunting licence was reinstated, that he was no longer ineligible to obtain a new hunting licence without completing the Conservation and Outdoor Recreation Education (CORE) examination, and that his B.C. hunter number was no longer suspended.

    The appeal was allowed.