Decision Date: June 12, 1998

Panel: Toby Vigod

Keywords: Consent order; Wildlife Act — s. 101(5)(b)

This was an appeal against the decision of the Deputy Director of Wildlife to cancel the Appellant’s hunting licence for a period of four years. The licence was cancelled as a result of a conviction for discharging a firearm from a motor vehicle, or a boat that was propelled by a motor, and hunting grizzly bear without a hunting licence or species licence.

Before the appeal came to a full hearing, the Appellant and Deputy Director requested that the matter be sent back to the Director with directions. They stated that the Director had made his decision without considering any submission on the Appellant’s behalf, presuming that the Appellant did not intend to make a submission. This assumption was incorrect, as the Appellant had formed the intention of making a submission to the Director but erred about when it was possible to do so. Accordingly, the Board, with the Appellant’s and Director’s consent, sent the matter back to the Director, directing him to rehear the matter, giving the Appellant a further opportunity to make a submission. Appeal allowed by consent.