Decision Date: November 28, 2006

Panel: Robert Wickett

Keywords: hunting licence cancellation; preliminary application; principles of natural justice; fair hearing

Calvin Scouten appealed a decision by the Deputy Director of the then Ministry of Water, Land and Air Protection (now the Ministry of Environment) cancelling Mr. Scouten’s hunting licence and imposing a 15-year period of ineligibility for new hunting licence.  The decision arose from Mr. Scouten’s conviction in court of certain offences under the Wildlife Act arising from the unlawful possession of two bighorn mountain sheep.

At the commencement of the appeal hearing, counsel for the Deputy Director conceded that the appeal should be allowed because the Deputy Director failed to give Mr. Scouten a fair opportunity to address the case against him.  The Deputy Director requested a preliminary decision by the Board ordering that the matter be remitted back to the Deputy Director for reconsideration.

Mr. Scouten opposed the preliminary application, and submitted that the Board should hear and decide the merits of the appeal.

The Board found that Mr. Scouten had not been given a fair opportunity to be heard by the Deputy Director.  The Deputy Director had erroneously considered certain convictions which were not imposed on Mr. Scouten, and had failed to give Mr. Scouten an opportunity to refute allegations made by other people in certain documents.  The Board concluded that the appeal should be allowed and the Deputy Director’s decision rescinded.  The Board ordered that the matter be sent back to the Deputy Director for reconsideration, with directions.

The appeal was allowed.