Decision Date: May 8, 1996
Panel: Christine Mayall
Keywords: Wildlife Act – s. 103; R.v. Sussex Justices, Ex. P. McArthy, (1924) 1 K.B. 256 at p. 259); Guide Outfitters License; grizzly quota; bias; improper exercise of authority; procedural fairness; natural justice
This is an appeal of a decision of the Director of Wildlife upholding a grizzly bear quota of nil as a condition of Mr. Bracewells Guide Outfitter License. Mr. Bracewell appealed to the Board on the grounds that he did not receive a fair hearing, that the Director was biased, that the Director did not consider some evidence, and that the Director improperly exercised his discretion by not deciding the appeal on its merits. Mr. Bracewell sought a new hearing before the Assistant Deputy Minister of Fisheries, Wildlife and Habitat Protection.
The Board determined that, under the Wildlife Act, the Board had no jurisdiction to refer a matter to the Assistant Deputy Minister. On the evidence, the Board found that the Director of Wildlife breached the rules of natural justice by interfering with the questioning of a witness. The Board also found that the Director failed to give Mr. Bracewell a written explanation of how he determined the nil quota. However, the hearing before the Board was found to correct the defects in the hearing below. The Board found that, ultimately, the nil quota was appropriate given the size of the territory. The appeal was dismissed.
