Decision Date: January 6, 1997
Panel: David Perry
Keywords: Wildlife Act – s.2; Hunting Regulations s.1; Wildlife Act Permit Regulations – s.1(1); proper exercise of discretion; purpose of the Wildlife Act; testing for granting permit to possess; annulus, annuli
This is an appeal by Mr. Dollar from a decision by the Deputy Director of Wildlife denying Mr. Dollar a permit to possess the horns of a thinhorn ram mountain sheep which he killed while hunting. Mr. Dollar had a permit to hunt thinhorn ram mountain sheep, but killed an under-age ram, which he believed was the proper age. Mr. Dollar appealed on the grounds that the Deputy Director did not properly exercise his discretion in denying the permit because Mr. Dollar honestly believed the ram was of legal age.
The Board found that a permit to possess an illegal ram should only be granted in exceptional circumstances. In this case, no exceptional circumstances were found. The Board held that, in determining the age of the thinhorn ram, there was a more reliable method determining the age of the ram set out in the Regulation and in hunting literature which Mr. Dollar could have used. If he had done so, the error would not have been made. The Board held that the Deputy Director of Wildlife properly exercised his discretion when denying Mr. Dollars request for a permit to possess the horns of the thinhorn ram. The appeal was denied.
