Decision Date:  August 26, 2011

Panel:  Alan Andison

Keywords: Wildlife Act – s. 24; consent order; hunting licence; penalty

Robert L. Steele appealed a decision of the Deputy Director of Wildlife, Ministry of Environment, suspending Mr. Steele’s hunting licensing privileges for one year, from July 1, 2011 to July 1, 2012.  The Deputy Director also required Mr. Steele to repeat the Conservation and Outdoor Recreation Education program before again obtaining a hunting licence.  The Deputy Director’s decision arose from Mr. Steele’s contravention of the Firearms Act in 2003 and the Wildlife Act in 2001 and 2004.

Mr. Steele appealed on the basis that the penalty was too harsh in the circumstances.  Mr. Steele submitted that the contraventions led to a previous one-year suspension of his hunting licensing from December 2004 to December 2005.  He also argued that a further penalty was unfair given that the Deputy Director’s decision was issued over 6 years after the most recent contravention.

Before the Board heard the appeal, the parties reached an agreement to settle the appeal.  By consent of the parties, the Board ordered that the Deputy Director’s decision was varied by replacing the original penalty with a suspension of Mr. Steele’s hunting licensing privileges until August 31, 2011.

Accordingly, the appeal was allowed, by consent.