Keywords:Wildlife Act, s. 24(2), s. 48(1), s. 33(2); guiding; hunting; unlawful possession of dead wildlife; hunting licence cancellation; period of ineligibility; delay
Mr. Parkin appealed the August 9, 2006 decision of the Assistant Director, Fish and Wildlife Branch, Ministry of Environment (the “Ministry”), to cancel his hunting licencing privileges for 6 years and require him to successfully complete the Conservation Outdoor Recreation Education program prior to reinstatement of his hunting privileges.
The decision arose out of a 2003 undercover investigation and Mr. Parkin’s subsequent convictions in Provincial Court for guiding without a guide outfitter’s licence and for unlawful possession of dead wildlife. The cancellation was back-dated to commence on April 20, 2004 to account for the two-year delay between the time when the Ministry advised Mr. Parkin that licencing action would be taken and the issuance of the decision.
Mr. Parkin asked the Board to eliminate the period of ineligibility.
The Board found that the cancellation of Mr. Parkin’s hunting licencing privileges for 6 years was appropriate. Mr. Parkin was clearly guilty of “acting as a guide”, as defined in the Wildlife Act, without a guide outfitter’s licence. Moreover, the Board found that the number and type of dead wildlife, which Mr. Parkin unlawfully possessed, was particularly disturbing, and this evidence was not in dispute.
However, the Board found that it made no sense to back-date the cancellation by two years, as Mr. Parkin had and used a hunting licence during the two years preceding the decision. But the Board granted Mr. Parkin a credit for the 6 month period following his conviction when he did not hunt because he believed that the Court had suspended his hunting privileges.
Accordingly, the appeal was dismissed and Mr. Parkin’s hunting licencing privileges were cancelled until February 9, 2012.