R v Taylor, [2002] BCJ No 1846 (BCPC)

This was a trial of Taylor and Atkinson on three counts under the Wildlife Act for possession of wildlife without a permit, allowing a hunting license to be used by another person and failing to comply with a condition of a hunting license.

Taylor and Atkinson were hunting in Prince George with valid hunting licenses. They were offered a fish by Jael, who was aboriginal, and incorrectly advised by a conservation officer that they were permitted to accept the fish. They were then advised that Jael had shot a moose which he did not want to retrieve. Taylor and Atkinson were advised by Jael that as an aboriginal, he was entitled to shoot the moose. Taylor and Atkinson, with the assistance of others, retrieved the moose, at which time Taylor incorrectly cancelled his species license or tag. Taylor had no intention of sharing the moose with Atkinson.

Atkinson was acquitted and Taylor was convicted of count one: having in possession wildlife, to wit: moose, while not authorized under a licence or permit or as provided by regulation, contrary to Section 33(2) of the Wildlife. They were both acquitted of count two. Count three was quashed because it did not contain sufficient detail with respect to the act or omission to be proved.

Source: Case Law

Jurisdiction: British Columbia

Topics: aboriginalfishhunthuntinglicencemoosepermitWildlife Act

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