• Shane W. Brady v. Regional Manager

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    Decision Date: March 1, 2002

    Panel: Alan Andison

    Keywords: Wildlife Act – ss. 2, 19(1); Permit Regulation – ss. 2(k), 2(p), 6(1), 6(2), 6(3), 6(4); sheep skull and horns; permit for possession; transfer of property

    Mr. Brady appealed the decision of the Regional Manager refusing to issue him a permit for a sheep skull and horns. Mr. Brady asked that the decision be set aside, and that he be issued a permit so that the sheep skull and horns could be donated to the Wild Sheep Society of B.C. (“Wild Sheep Society”).

    The Board found that Mr. Brady did not qualify for a possession permit under section 2(k) of the Permit Regulation, which allows persons to possess wildlife for ceremonial, societal or educational purposes. The Board also found that section 6(1)(d)(ii) did not apply since Mr. Brady failed to provide evidence that he was authorized to make an application on behalf of the Wild Sheep Society or that it was a charitable organization in B.C. for the purposes of section 6(1)(d)(ii) of the Regulation. Sections 6(1)(a) and 6(4) also did not apply as there was no indication that the sheep was killed illegally, and, even if it were, the evidence indicated that Mr. Brady did not report his possession of the horns immediately, which is required for section 6(4) to apply.

    The Board also concluded that there were no special circumstances that justified granting a permit under section 6(1)(b) of the Regulation. Lastly, the Board considered the matter under section 6(3) of the Regulation and held that there was no evidence that Mr. Brady either represented the Wild Sheep Society or that it is an educational or scientific institution for the purposes of section 6(3). Accordingly, the Board confirmed the Regional Manager’s decision. The appeal was dismissed.