• David Leslie Smith v. Acting Director, Wildlife Branch

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    Decision Date: March 27, 1991

    Panel: Linda Michaluk, Scott Hall

    The appellant appealed the decision of the respondent under section 25(6) declaring the appellant ineligible to obtain a hunting license for a period of two years. The appellant protested the imposition of an additional 1 year suspension beyond the automatic 1 year suspension for the offence. He pointed to his friend Mr. Feldhem who also shot a cow moose out of season and who received only 1 year. The appellant also maintained the Deputy Director had no authority to extend the suspension.

    The Board found that the Director had considered the economic impact on the appellant in assigning his suspension. The Board held this consideration to be irrelevant and thus found that the Director improperly exercised his discretion according to the test in Olsen v. Walker. It held that section 25 (6) gives the Director authority to extend the suspension. The Board accepted the evidence of the respondent that the appellant’s shooting of the cow moose appeared to be a pre-meditated case of illegal hunting. As such the two year suspension was considered lenient. Therefore the Board ordered an additional 1 year suspension to a maximum of three years and that the appellant take the CORE examinations.