Decision Date: April 11, 2003

Panel: Alan Andison

Keywords: Wildlife Act– ss. 24, 101.1(6); possession and importing in bear gall bladders; RJR-MacDonald; stay decision

Kim Robinson requested a stay of the decision of the Deputy Director of Wildlife to cancel his hunting licensing privileges for seven years for being in possession of bear gall bladders.  Mr. Robinson’s sole purpose for applying for the stay was to pursue live wildlife as a means of training his hunting dogs, which would be sold in order to generate family income.

The Panel found that the appeal raised serious issues to be tried.  The Panel also found that Mr. Robinson may suffer irreparable harm, if a stay was denied, in the form of lost revenue associated with losing the “window of opportunity” to train the dogs.  These losses were estimated to be between $16,000 and $24,000, and it was unclear whether he would be able to recover the losses if he was successful in his appeal.

The Panel concluded that the balance of convenience favoured granting a stay for the sole purpose of allowing Mr. Robinson to train his dogs during the current bear hunting season.  The Panel also stated that he was not allowed to hunt for any other reason, and was not authorized to kill wildlife unless it was necessary for the protection of life or property.

Hence, the Panel granted a partial stay of the Deputy Director’s decision.