Decision Date: February 5, 2002
Panel: Alan Andison
Keywords: Wildlife Act – ss. 2, 19(1); Permit Regulation – ss. 2(k), 2(p), 6(1), 6(2), 6(3), 6(4); snowy owl; permit for possession; transfer of property
Allan Crawford appealed the decision of the Regional Wildlife Section Head refusing to issue him a permit for a dead snowy owl that he found. Mr. Crawford asked that the decision be set aside, and that he be issued a permit to possess the owl.
The Board found that Mr. Crawford did not qualify for a possession permit under section 2(k) of the Permit Regulation, which allows persons to possess wildlife for ceremonial, societal or educational purposes. Similarly, the Board held that he did not qualify for a permit under section 2(p). The Board found that section 6(1)(d) did not apply as there was no project that the Appellant could undertake as compensation for the owl. The Board also held that sections 6(1)(a) and 6(4) did not apply, as the owl was not killed illegally. Additionally, the Board found that there were no special circumstances that justified granting a permit under section 6(1)(b) of the Regulation. Lastly, since Mr. Crawford failed to provide evidence that he was acting as an agent for an educational or scientific institution under section 6(3), the Board held that he was not entitled to a possession permit.
Accordingly, the appeal was dismissed.