Glen Miller v. Deputy Director, Wildlife and Habitat Branch
Decision Date: October 6, 2021
Panel: David Bird
Keywords: Wildlife Act – s. 19; Permit Regulation – ss. 2(bb), 2.01; Administrative Tribunals Act – ss. 16; proxy hunter permit; consent order
Glen Miller (the “Appellant”) appealed a decision of the Deputy Director of Wildlife and Habitat Branch (the “Director”), in the Ministry of Forests, Lands, Natural Resource Operations and Rural Development, denying his application for a proxy hunter permit under section 2(bb) of the Permit Regulation. The Appellant has a physical disability, and he sought a proxy hunter permit so that he could have a hunting companion assist him while hunting, including assisting him with discharging a firearm.
Section 2(bb) of the Permit Regulation provides that, subject to section 2.01, a permit may be issued authorizing a physically disabled person to be assisted by having one or more hunting companions shoot, track, kill and retrieve big game on the disabled person’s behalf. Section 2.01(1)(b) states that such a permit may be issued only if the person to be assisted is unable to discharge a firearm or crossbow because of the person’s physical disability.
The Appellant’s permit application was accompanied by information from a medical doctor regarding the Appellant’s physical disability. After reviewing the Appellant’s application and accompanying information, the Deputy Director concluded that a proxy hunter permit could not be granted, because it was not clear that the Appellant is physically unable to discharge a firearm.
The Appellant appealed the Director’s decision. The Appellant submitted that although he can pull the trigger of a firearm, he is unable to safely and effectively aim a firearm due to his physical disability. He needs a hunting companion to assist him by holding the rifle steady.
Before the appeal was heard by the Board, the parties negotiated an agreement to resolve the appeal. By consent of the parties, the Board sent the matter back to the Director with directions to reconsider the Appellant’s application for a proxy hunter permit under section 2(bb) of the Permit Regulation. The appeal was allowed, in part.