The appellant was convicted of trafficking in wildlife in B.C. Provincial Court. The respondent director imposed on the appellant a 3 year prohibition on hunting over and above the automatic 1 year prohibition. The appellant appealed this decision arguing that the provisions in the Wildlife Act did not apply since section 35 of the Constitution Act guaranteed his right to hunt for food and ceremonial purposes.
The Board found it had jurisdiction to hear the appeal since the appellant’s counsel filed an appeal with the Board. It further upheld the Director’s decision stating the appellant has demonstrated disregard to the legislation governing hunting and conservation of wildlife. The Board recommended a further restriction on the appellant’s possession of a firearm during the hunting season.