Decision Date: December 2, 2004

Panel: Lorraine Shore

Keywords: Wildlife Act – ss. 1(1) – definitions of “Indian” and “trapline”, 42 (1) and (3), 45; relinquishment; registration; re-registration.

Archie Gairdner (the “Appellant”) appealed a decision of the Regional Manager Environmental Stewardship (the “Regional Manager”) for the Peace Region of the Ministry of Water, Land and Air Protection.  The Regional Manager refused to rescind a relinquishment of Trapline 749T011, which resulted in the trapline being re-registered to both the Appellant and Judy Duchesne.  The Appellant sought an order reversing the Regional Manager’s decision, and re-registering the trapline in his name alone.

The Board rejected the Appellant’s assertion that he did not know what he was signing in regard to the relinquishment document.  The Board was provided with conflicting evidence regarding the parties’ accounts of events concerning the signing of the relinquishment document.  On the evidence before it, the Board found that Ms. Duchesne’s account of how she and the Appellant came to have a discussion about the trapline to be more probable.  Furthermore, the Appellant did not deny signing the relinquishment document, which was short and unambiguous.  The Board concluded that it was not likely that anyone reading it would have been mislead as to its purpose.

The Board upheld the decision of the Regional Manager.  The appeal was dismissed.