• Leslie S. Allen v. Deputy Director

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    Decision Date: May 30, 2018

    Panel: Alan Andison

    Keywords: Wildlife Act – s. 24; hunting licence; contravention; suspension; consent order

    Leslie S. Allen appealed a decision of the Deputy Director (the “Regional Manager”), Wildlife Branch, Ministry of Forests, Lands, Natural Resource Operations and Rural Development (the “Ministry”), regarding the suspension of Mr. Allen’s hunting licence privileges for two years.

    The suspension arose from an incident in September 2013, when Mr. Allen came across an injured moose calf while hunting for moose. Mr. Allen observed that the calf had suffered severe trauma, and was unlikely to survive the remainder of the day. According to the Deputy Director’s decision, Mr. Allen euthanized the calf by shooting it. There was no season for lawfully hunting moose calfs. According to Mr. Allen, the calf died later in the day due to the trauma. In any case, Mr. Allen recovered the edible portion of the calf carcass, provided the meat to a local First Nation, and reported the incident to the Conservation Officer Service.

    The Deputy Director decided to suspend Mr. Allen’s hunting licence privileges from December 1, 2017 to December 1, 2019, and ordered him to complete the Conservation and Outdoor Recreation Education (“CORE”) program before he could re-apply for a hunting licence.

    Mr. Allen appealed the Deputy Director’s decision, and asked that it be reversed. He submitted that he did not shoot the calf; rather, it died of natural causes, and he was only guilty of briefly possessing the dead calf. He also submitted that he had not acted out of self-interest, had provided the meat to a family for food, and had cooperated with the Conservation Officer Service.

    Before the appeal was heard, the parties negotiated an agreement to resolve the matter. By consent of the parties, the Board ordered that the Deputy Director’s decision was varied by reducing the licence suspension to six months, and removing the requirement that Mr. Allen must complete the CORE program.

    Accordingly, by consent of the parties, the appeal was allowed in part.