Decision Date: March 18, 1994

Panel: Linda Michaluk

Mr. Foster was planning to become a guide outfitter in B.C. Because he had experience as a guide in Alberta, the Wildlife Branch offered to exempt him from a requirement that guide outfitters must have worked as an assistant guide in B.C. for at least 24 months. Soon after, however, the Deputy Director of Wildlife learned that Mr. Foster had a Criminal Code conviction, as well as two convictions under Alberta statutes. The Deputy Director refused to grant Mr. Foster an exemption. Mr. Foster appealed the refusal.

It was appropriate for the Deputy Director to consider Mr. Fosters convictions, especially since the criminal conviction had involved a conservation officer and took place while he was working in the guiding industry in Alberta. The Deputy Director was entitled to exercise discretion and the refusal to grant the exemption was not inappropriate.