Decision Date: March 26, 2002

Panel: Alan Andison

Keywords: Wildlife Act – s. 51, 54(1), 59(1), 61(1), 62, 70; Nisga’a Final Agreement Act – Ch. 9; guide outfitter licence; guide outfitter certificate; suspension; penalty

Mr. Milligan appealed the June 4, 2001 decision of the Regional Fish & Wildlife Manager, suspending Mr. Milligan’s guide outfitter licence and guide outfitter certificate, placing conditions on his re-qualification for a guide outfitter licence, and requiring him to sell his guide area. In 1998, Mr. Milligan was found guilty of 23 offences under the Widllife Act, the Fisheries Act, and the Firearm Act.

The Board first addressed whether the Nisga’a Final Agreement Act should be considered in determining the outcome of the appeal, given that Mr. Milligan’s guide territory covers Nisga’a lands. Although the Board found that the potential effects of the Nisga’a Agreement were irrelevant to its decision in the appeal, the Board noted that the parties are obliged to consider and comply with any requirements of the Nisga’a Agreement that could apply.

Next, the Board considered whether Mr. Milligan’s guide outfitting privileges should be reinstated immediately, and under what conditions. The Board found that a suspension period of approximately 8 years was appropriate as both a penalty to Mr. Milligan and a deterrent to the public. Accordingly, the Panel concluded that Mr. Milligan’s ability to obtain a guide outfitter licence or assistance guide licence should be suspended until April 1, 2003. However, the Board rescinded the requirement that he must first re-qualify as an assistant guide, and hold an assistant guide’s licence for at least 2 years before he could re-qualify as a guide outfitter.

The Board also rescinded the requirement that Mr. Milligan must sell his guide area by March 31, 2003. Lastly, the Board found that the guide outfitter certificate should be renewed as of April 1, 2003 with an expiry date of March 31, 2006. Accordingly, the appeal was allowed, in part.