Decision Date: May 2, 1994

Panel: Linda Michaluk

As a result of reports of illegal night hunting, conservation officers set up a moose decoy. They caught Mr. Maurice Collier shooting at it at night. He was charged under the Wildlife Act with shooting wildlife with the aid of a light and with violating a regulation setting out prohibited hours. As a result of plea bargaining, the first charge was stayed and Mr. Collier plead guilty to shooting during prohibited hours. Soon afterwards the Assistant Deputy Director cancelled the appellant’s hunting privileges for five years and ordered that he complete the CORE programme.

Mr. Collins appealed the decision on the basis that the Assistant Deputy Director should not have considered the issue of using a light, when charges were stayed. The Board found that while Mr. Collier’s headlights were not directed at the decoy, they did provide him with some light. Also, given the light, his shooting was unsafe. The Board felt it was appropriate to consider the charge of shooting with the aid of a light in deciding to suspend Mr. Collier’s licence. The Assistant Deputy Director is not restricted to the findings made in court, and may consider the use of headlights, despite the stay in proceedings. The appeal was dismissed.