• Kevan Bracewell v. Deputy Director of Wildlife

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    Decision Date: August 6, 1998

    Panel: Toby Vigod, Richard Cannings, Marilyn Kansky

    Keywords: Lottery-based limited entry hunt; Wildlife Act – s. 60(1); MELP Policy and Procedure Manuals, Vol. 4, Section 7; Fuhr-Demarchi method; maximum annual harvest rate for grizzly bears; annual allowable harvest; Administrative Guidelines; Class 3 habitat; stockpiling; transitional quota

    This was an appeal by Kevan Bracewell of the Deputy Director’s decision to uphold the decision of the Regional Manager to allocate Mr. Bracewell a quota of zero grizzly bear for the 1997-1998 hunting season. Bracewell argued that the Manager failed to apply MELP policy and procedures in his case and was biased against Mr. Bracewell.

    The Board found that both the Regional Manager and the Deputy Director followed MELP policies and procedures when allocating Mr. Bracewell’s grizzly bear harvest quota. The Board found that MELP properly balanced its goal of conservation with its policy of maximizing hunting opportunity and ensuring the viability of the guiding industry. The Board recognized that it would be very difficult for MELP to justify allocating a grizzly bear quota to Mr. Bracewell, considering the small area of his hunting territory. The Board also found that any decision regarding a temporary quota of grizzly bear for Mr. Bracewell was best left to the Regional Manager as part of the review that would occur prior to the 1999 season.

    On the issue of bias, the Board found that, although there was a long history of a bad relationship between Mr. Bracewell and the Regional Manager, there was no evidence that the Regional Manager improperly exercised his discretion in allocating a zero quota for grizzly bear to him. Likewise, the Board did not find that the Deputy Director was biased or had erred in upholding the Regional Manager’s quota allocation. The appeal was dismissed.