Decision Date: September 27, 2000

Panel: Alan Andison

Keywords: Wildlife Act – ss. 2, 33, 101; Wildlife Act Permit Regulations – s. 1; Ministry Procedure Manual – v. 4, s. 7, ss. 12.04; duty to give reasons; permit to possess dead wildlife

This was an appeal by Lynne Luker against a decision of the Regional Wildlife Section Head (the “RWSH”) refusing Ms. Luker a permit to possess a dead cougar that had been struck by a motor vehicle along a highway near Cranbrook. Ms. Luker was made aware of the cougar through her job as an RCMP dispatcher, and requested a possession permit so that she could have the animal mounted. Ms. Luker sought an order from the Board granting her a permit to possess the dead cougar.

The Board found that the decision of the RWSH to deny Ms. Luker a permit did not contain reasons. However, this defect was cured because the RWSH subsequently provided reasons, and Ms. Luker had been given the opportunity to make submissions on these reasons. The Board found that the RWSH correctly weighed the benefits of commercial sale versus private possession in deciding not to issue a permit in this case. The Board accepted that the cougar was of some commercial value, and agreed with the RWSH that receiving compensation for Crown property would provide a greater benefit to the public than if the animal was mounted in Ms. Luker’s home. The appeal was dismissed.