• Colin Priest v. Regional Manager Fish, Wildlife & Habitat

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    Decision Date: July 26, 2002

    Panel: Alan Andison

    Keywords: Wildlife Act – ss. 1 definitions of “big game”, “furbearing animal”, 2, 19; Designation and Exemption Regulation – s. 16; Permit Regulation – ss. 2(k), 2(p), 2(x), 5(1), 6(1); cougar; special circumstances

    Colin Priest appealed the decision of the Regional Manager denying Mr. Priest’s application for a permit to possess dead wildlife, in this case a cougar.

    The Board found that Mr. Priest had requested possession of the cougar either for personal display or monetary purposes. The Board found that neither of these purposes qualified as a ceremonial or societal purpose within the meaning of section 2(k)(ii) of the Permit Regulation.

    The Board found that Mr. Priest was not eligible for a permit under s. 2(x) of the Permit Regulation, as the cougar was not a “fur bearing animal” as defined in the Act and in s. 16 of the Designation and Exemption Regulation.

    The Board also found that a permit could not be granted pursuant to s. 2(p) of the Permit Regulation. The Board found that although there were special circumstances in this case, issuing a permit that transferred ownership of the cougar to Mr. Priest would be contrary to the proper management of wildlife resources in the province, and was, therefore, prohibited by section 5(1)(b) of the Permit Regulation.

    Therefore, the Board dismissed the appeal.