Decision Date: October 6, 2003

Panel: Don Cummings

Keywords:  Wildlife Act, – ss. 2, 24; Wildlife Act Commercial Activities Regulation, s. 2.08; Wildlife Act General Regulation ss. 7.03(3), 7.04(4); Interpretation Act, s.23; bear gall bladder; possession; trafficking; previous conviction; hunting licence cancellation

Kim Robinson appealed the decision of the Deputy Director to cancel his hunting licence for a period of seven years.  The Deputy Director’s decision was based on evidence that Mr. Robinson possessed and trafficked bear gall bladders.

The main issue before the Board was whether the seven-year licence cancellation was excessive in the circumstances.

The Board found that the Deputy Director, in making her decision, relied on evidence of previous misconduct by Mr. Robinson related to an offence of which the Appellant was initially convicted, but later acquitted.  The Board held that the Deputy Director did not err, as she relied on the evidence, rather than on the conviction that was later overturned.  The Board agreed with the Deputy Director that possession and trafficking of bear gall bladders is a serious concern. However, the Board found that a seven-year penalty was excessive in comparison with similar decisions previously issued by the Deputy Director.  The Board concluded that a 4½-year licence cancellation is appropriate in the circumstances of the case. Finally, the Board found that Mr. Robinson’s licence cancellation period should be reduced by one month, as there was a one-month period within a previous licence ineligibility period that was not legally enforceable.

The appeal was allowed.