Decision Date: September 15, 2000

Panel: Alan Andison

Keywords: Wildlife Act – s. 101.1; stay application; hunting licence

This was an application by Frank Schroeder for a stay of the decision of the Deputy Director of Wildlife to cancel his angling, hunting, and firearms licences, pending an appeal on the merits of the case.

The Deputy Director’s decision was based on Mr. Schroeder having been charged and convicted under the Criminal Code (accepting a reward for showing favour) in relation to his activities as a C.O.R.E. instructor. The decision further specified that Mr. Schroeder would be ineligible to obtain new angling and firearms licences for approximately one year, and ineligible to obtain a new hunting licence for approximately six years.

The Board applied the three-part test for stay applications as set out in the decision of the Supreme Court of Canada in RJR Macdonald Inc. v. Canada. The Board found that there was a serious issue to be tried, and that Mr. Schroeder would suffer irreparable harm from being prevented to hunt until his appeal is heard. However, the Board found that the balance of convenience favoured the refusal of a stay. Mr. Schroeder had not adequately demonstrated why his personal loss of up to one hunting season should outweigh the effective regulation of the wildlife scheme in this case. The application for a stay was refused.