Mr. McLoughlin is disabled and requires a motorized vehicle to assist him in hunting. Mr. McLoughlin applied for a permit to hunt from his motorized vehicle in the Muskwa-Kechika region in northeastern B.C. The area is easily damaged by motor vehicles and is renowned for its dense game population. The Deputy Director denied the Appellant’s permit application for the reason that there is a two year moratorium on the use of motor vehicles in the area so as to minimize impact on the area while a land use plan is developed.
Mr. McLoughlin argued that the Deputy Director improperly exercised his discretion in denying the permit and discriminated against him pursuant to section 3 of the B.C. Human Rights Act. The Board decided it had the jurisdiction to consider the B.C. Human Rights Act. The Board considered a number of cases and concluded that while denying Mr. McLoughlin amounted to discrimination, there was bona fide and reasonable justification for the discrimination in these circumstances. The Board dismissed the appeal.
