The appellant appealed a decision of the respondent refusing to allow him to possess the horns of an illegal ram. The appellant had initially taken the case to trial where he was found not guilty by reason of due diligence. The judge had found that he had done everything he reasonably could in the circumstances to determine whether the ram was legal or not. On appeal to the Board, the appellant argued that this finding by the judge makes the horns legal and that a civil servant could not overrule a judge’s decision. The appellant further questioned the use of the measuring jig as being an inaccurate tool. Since the Deputy Director had relied on the measurements of an inaccurate tool it was a violation of the rules of natural justice.
The Board found that the judge had not said the killing of the sheep was a legal act. It said the judge had found that although it was illegal, the appellant should not be punished. Therefore since the property of wildlife is with the province, it becomes a discretional decision of the Regional Manager and the respondent Deputy Director to give it to a private person or not. Further the Board accepted the measurements of the Yukon jig and dismissed the appeal.
