Decision Date: May 8, 1996
Panel: Christine Mayall
Keywords: Wildlife Act – ss. 2, 103; Hunting Regulation 190/84 – schedule 4, s. 3(3) / division 1, s. 1; Olson v. British Columbia; annulus; annuli
This is an appeal of a decision of the Deputy Director of Wildlife which held that a bighorn mountain sheep shot by Mr. Wilson was illegal: the left horn was 12mm short of being a full size curl. The ministry seized the sheep and issued Mr. Wilson a warning ticket. Mr. Wilson appealed to both the Regional Manager and the Deputy Director requesting return of the sheep. He alleged that the right horn, which was broken off shortly after the kill, was at least 12mm longer, making the ram of legal size. The appeal was rejected at both levels. Mr. Wilson appealed to the Board. He argued that the horn growth measurements were incorrect, that the Deputy Director did not have all the evidence, that the Deputy Director did not address all the evidence that was before him and that the Deputy Director asked himself the wrong question.
The Board concluded that the Deputy Director asked and answered the correct question on appeal. However, the Board found that the Deputy Director did not hear some evidence relevant to the appeal due to a misunderstanding over the contents of Mr. Wilsons file. In relation to the evidence that was before the Deputy Director, the Board found that the Deputy Director erred in his assessment of the evidence, particularly the annual horn growth rate. The Board returned the matter to the Deputy Director with directions to reconsider the horn growth rate and to examine the previously omitted evidence.
