The appeal was from a decision of the respondent denying the appellant a permit to shoot wolves from a helicopter. The appellant maintained that hunting wolves is legal in B.C. and since the appellant has received permits in the past to hunt wolves from fixed wing aircraft and no violation of any condition had occurred. He saw no reason in this case to be denied a permit.
The Board found that the respondent had correctly exercised his discretion according to the test in Olsen v. Walker. However, the section upon which the respondent relied was nullified by the Supreme Court as being ultra vires the province. Therefore the respondent had no authority to issue the permit in the first place. The Board however upheld the decision of denying the permit since it would achieve the correct legal result. The Board recommended that a procedure be developed by the Wildlife Branch to circulate court decisions affecting that Branch.
