Decision Date: January 8, 1999

Panel: Toby Vigod

Peter Leveque appealed the decision of the Deputy Director of Wildlife (the “Deputy Director”) cancelling his hunting licence for four years and requiring that he successfully complete the CORE program before his licence could be reinstated. The Deputy Director cancelled his licence for the “illegal killing of a mountain goat and a caribou.” Mr. Leveque sought an order setting aside the Deputy Director’s decision, or reducing the duration of the cancellation, on the grounds that the Deputy Director’s decision was unreasonable and unsupported by the evidence, was inconsistent with the acquittal of Mr. Leveque on wildlife charges in Provincial Court, and violated the principle of res judicata. He also argued that the Deputy Director erred by failing to consider crucial evidence (transcripts) and that the cancellation was harsh and excessive.

The Board did not accept the version of the events put forward by Mr. Leveque with respect to the caribou kill. It agreed with the Deputy Director that, on a balance of probabilities, Mr. Leveque had taken the caribou in contravention of the Wildlife Act. It further concluded that the Deputy Director’s decision was not inconsistent with Mr. Leveque’s acquittal on criminal charges stemming from the same facts, and did not violate the principle of res judicata. The Board found that the Deputy Director did not err in failing to consider the Provincial Court transcripts as evidence, since they had not been placed before him. However, the Board concluded that there was no credible evidence to support the Deputy Director’s finding that Mr. Leveque unlawfully killed a mountain goat. Accordingly, the Board upheld the Deputy Director’s decision to cancel the licence but reduced the duration of the cancellation to three years. The appeal was allowed.