Keywords:Wildlife Act – s.25(2); unreasonable exercise of discretion, zone system, conviction
Mr. Hopkins killed an elk in an area on Vancouver Island where his limited entry hunting permit did not apply. He tried to conceal this fact and lied to conservation officers about his actions. He was convicted in court of 3 offences and fined $2250. Upon reviewing the file, the Deputy Director of Wildlife cancelled Mr. Hopkins hunting licence for a period of three years. Mr. Hopkins appealed, arguing that the length of licence cancellation was excessive in the circumstances.
The Board found that Mr. Hopkins had an opportunity to provide input into the decision of the Deputy Director but chose not to. The Board found also that Mr. Hopkins did not profit from his crime and that he was remorseful. The Board held that the penalties imposed by the courts and the Director of Wildlife are independent. The Deputy Director did not consider irrelevant information, and Mr. Hopkins explanations for his actions did not lead to the conclusion that that the Deputy Director erred. The Board found that the Deputy Directors decision was fairly made. The appeal was denied.