Mr. Fleming was convicted in provincial court of shooting a cow moose out of season. Upon receiving notice of Mr. Flemings conviction, the Assistant Deputy Director suspended his hunting license and ordered him to complete the C.O.R.E. examination prior to having his license renewed. Mr. Fleming appealed this decision to the Board where he argued that he did not shoot the cow moose intentionally.
The Board found that it had no authority to alter a finding of guilt from the provincial court and thus found as a fact that Mr. Fleming had wilfully shot the cow moose. The Board further found that Mr. Fleming did not attempt to find the wounded cow moose, and did not attempt to contact the proper authorities to inform them that there was a wounded animal in the bush. For these reasons the Board upheld the decision of the Deputy Director and denied the appeal.