Decision Date: September 4, 1996

Panel: Judith Lee

Keywords: Wildlife Act – ss. 12(1); 18(d)(11); 25(2); 25(3); 25(16); 83(b); 103(5); Game Export Act – s.3(a); bias

Dr. Johnston had his hunting licence privileges cancelled and was prohibited from obtaining a hunting licence or hunting within British Columbia for a ten-year period by the Deputy Director of Wildlife for hunting sheep and goat without a licence, using another person’s licence and exceeding the provincial bag limit. Dr. Johnston appealed the decision of the Deputy Director on the grounds that the length of the suspension was unduly harsh and excessive in the circumstances; the suspension was not consistent with other jurisdictions; the four years Dr. Johnston had voluntarily not hunted in the Province should have been deducted from the length of the suspension; and the Deputy Director was biased in his decision.

The Board found that the length of the suspension was justified in view of the unethical and deliberate conduct of Mr. Johnston. The Board rejected Mr. Johnston’s submission that the years he did not hunt in the Province should have been deducted from the length of the suspension. Further, the Board found no evidence that the Deputy Director was biased towards Mr. Johnston in rendering his decision. The Board held that the Deputy Director properly exercised his discretion under section 25 of the Wildlife Act in ordering the 10 year licence cancellation and that the length of the suspension was lenient. The appeal was dismissed.