• Arthur Ryckman v. Director of Wildlife

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    Decision Date:  January 21, 2009

    Panel:  Alan Andison

    Keywords:  Wildlife Act – s. 19; Motor Vehicle Prohibition Regulation; permit; hunting; physical disability; consent order

    Arthur Ryckman appealed a decision of the Director of Wildlife, Ministry of Environment, refusing Mr. Ryckman’s application for a disabled hunting permit exempting him from the Motor Vehicle Prohibition Regulation (the “Regulation”).  Mr. Ryckman applied for a permit on the basis that he has a physical disability and he requires the use of a motor vehicle to access certain areas for the purposes of hunting, that are otherwise closed to motor vehicles under the Regulation Sections 2 and 3 of the Regulation make it an offence to operate a motor vehicle in designated closed areas unless an exemption is granted under section 19 of the Wildlife Act and section 3(2)(a) of the Permit Regulation.

    The parties negotiated an agreement before the appeal was heard by the Board.  Accordingly, by consent of the parties, the Board ordered that: the Director’s decision is reversed; Mr. Ryckman has a physical disability for the purposes of his permit application; and, the Director is directed to consider issuing the requested permit to Mr. Ryckman if Mr. Ryckman still wanted a permit for the remainder of the hunting season.

    The appeal was allowed, in part.