The appellant appealed the respondent’s decision not to allow him to retain possession of a mountain sheep horns and skull that he had picked up around Quesnel. The respondent followed the Regional Manager’s application of a province wide policy of not allowing persons who pick-up sheep horns to keep them. The Respondent held that it had been consistently applied.
The Board found the respondent did not exercise his discretion properly since he did not consider the particular circumstances of the appellant in applying this policy. In particular, the Board cited the Regional Manager’s finding that there was no hint of wrongdoing on the appellant’s part. Thus the Board sent the matter back to the respondent to reconsider in light of that evidence and to further apply other policies which allow him to issue a permit to the appellant.