Decision Date: March 26, 1991

Panel: Linda Michaluk, John Pousette

The appellant appealed a decision of the respondent to refuse to issue angler day quota for the Kispiox River beyond that which had been previously used by the appellant. The appellant sought an order that the respondent would consult with him prior to issuing the appellant’s angler days, and that he issue to the appellant not less than 100 angler days on the Skeena River.

The Board found the appellant had two concerns: that he had not been properly consulted prior to the regulations becoming law, and he had not been properly treated under those regulations. The Board considered its jurisdiction under the Wildlife Act. On the first concern, the Board held it was not in a position to adjudicate upon whether Mr. Clay had been treated properly, or whether the Kispiox Guides had been treated the same as the Bulkley Guides. It was not a matter which results from the decision of the Director. For the second concern, the Board applied Olsen and determined whether the Director had properly exercised his discretion. The Board found that he did so and dismissed the appeal.