Decision Date: December 9, 2003

Panel: Alan Andison

Keywords: Wildlife Act – ss.19; Permit Regulation – ss.3(2); disabled hunter special access permit; access management area; vehicle access closure

Larry Hall appealed the decision of the Regional Manager to refuse to issue a disabled hunter special access permit to him.  Mr. Hall sought the permit so that he could use a motor vehicle to hunt on roads that are closed to vehicles or are closed to vehicles for the purpose of hunting.  The application for the permit was denied on the grounds that Mr. Hall’s disability did not meet the level of disability required in the Ministry’s Procedure Manual.

The broad issue in this appeal was whether Mr. Hall should be granted a disabled hunter special access permit.  In determining whether Mr. Hall should be granted such a permit, the Board considered the following issues:  whether the Regional Manager fettered his discretion in denying Mr. Hall’s application for a disabled hunter special access permit; and, if so, what the proper remedy should be.

The Board found that the Regional Manager erred in applying a policy that neither takes into account the type of hunting Mr. Hall wishes to participate in, nor considers the type of disability that he experiences.  The Board also found that the Regional Manager has the authority to issue the type of permit that Mr. Hall sought, but failed to consider whether the Ministry could provide reasonable accommodation for his particular disability, without unduly sacrificing the Ministry’s objectives in establishing road closures.  With regard to a remedy, the Board was unable to properly determine whether issuing a permit to Mr. Hall would adversely affect the Ministry’s valid objectives in establishing road closures.  Furthermore, the Board held that it is appropriate to send this matter back to the Regional Manager with directions to reconsider Mr. Hall’s application based on all of the relevant considerations, including the Ministry’s objectives in designating limitations in areas where Mr. Hall seeks to hunt and the Ministry’s duty to accommodate all disabled hunters, and not just those who have the type of disability described in a Ministry policy.

The appeal was allowed.