Decision Date: October 5, 2001

Panel: Alan Andison

Keywords: stay application; registration of trapline

The Appellants requested a stay of the decision by the Regional Wildlife Manager (the “Regional Manager”) to add additional persons to the registration of a trapline.

The Board determined that the Appellants would suffer irreparable harm if the stay were not granted. The Board found that the Appellant Ignace Burke could suffer a loss trapping income for the coming season. Moreover, the Board concluded that a change in the registration of the trapline could result in the loss of guiding opportunities to the Appellants. Lastly, there was concern that resource-based companies operating near the trapline could be given information regarding the trapline from the newly registered persons. This could result in development occurring along the Trapline, affecting the animal population and resulting in potential long-term harm to the sustainability of the trapline.

Further, the Board found that the balance of convenience favoured a stay, as it would permit Ignace Burke to continue to trap on the trapline as he had in the past, and would allow the Appellants to avoid the loss of other benefits they enjoyed. Accordingly, the application for a stay was granted.