• J. Barreira v. Assistant Deputy Director of Wildlife

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    Decision Date: October 18, 1994

    Panel: Christie Mayall

    The appellant appealed a decision of the Respondent to cancel his hunting license. M. Barreira was charged with offences under the Wildlife Act for illegally killing an elk. After plea bargaining he was convicted of one charge with the understanding that his hunting license would not be revoked. However, after corresponding with him, the Assistant Director of Wildlife suspended the AppellantÂ’s hunting license for two years and required that he complete the CORE programme.

    Since administrative penalties in the Wildlife Act are separate from quasi-criminal offences, the Assistant Deputy Director was not limited by the findings of the court in deciding whether the license should be cancelled. Furthermore, because of this division between the types of penalties, the conservation officers had no obligation to inform the appellant that his licence could be suspended in addition to a conviction during the plea bargaining. The Assistant Deputy Director had the discretion to cancel the license and there was no evidence that it had been done in an unlawful, incorrect or arbitrary manner. The appeal was denied.