The appellant appealed a decision of the respondent to cancel a permit allowing the appellant to remove bison from the Pink Mountain area. The appellant held a permit which allowed him to remove 200 head of bison from the Pink Mountain area. However, he did not adhere to the terms of the permit. 93 bison were removed in a manner that led the Ministry to believe the appellant intended to deceive the province. The appellant was convicted of violating the permit in provincial court. He appealed the cancellation of the permit to the Board.
The Board considered additional evidence not before the respondent. The new evidence consisted of a letter that the appellant sent to the Ministry informing them of his intent to move the bison before the accepted date. Also there were veterinary records of the bison transported which allowed the province to verify the amount of bison actually transported. Therefore the Board found that the appellant did not necessarily intend to deceive the Ministry and accordingly sent the matter back for reconsideration.
