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Because the sentencing judge indicated no reason to depart from the joint submission and no public interest or disrepute grounds existed, the judge was bound to accept the joint submission; the court granted leave to file late, allowed the appeal, and substituted an order to reflect the joint submission exactly.
Source excerpt
s.2(3) of the Wildlife Act must be satisfied by actual compliance with the Act and regulations to acquire property in wildlife; a due diligence defence cannot substitute for compliance, and convictions resulting from paying violation tickets are proof of non-compliance; accordingly the appeal is allowed and the province retains the hide and antlers.
Source excerpt
Sentence appeal partly allowed: the hunting prohibition was reduced to two years and the weapons and firearms prohibition was set aside, while jail, fines, and forfeiture were upheld.
Judicial review of the CNSC’s approval of CNL’s NSDF licence amendment was dismissed. The Court found the decision reasonable on radiation limits, waste criteria, species at risk, and cumulative effects.
The court granted public interest standing and found no unreasonable delay, but dismissed the petition, holding ss. 3(1)(d) and 5 of the Permit Regulation are intra vires.
Class action certification partly granted over the grizzly bear hunt ban; negligent misrepresentation survived, but misfeasance in public office against the Minister failed.
The court allowed a sentence appeal, found the judge erred under Anthony-Cook, and substituted the joint submission for Wildlife Act offences involving feeding bears.
The Minister unreasonably failed to perform non‑discretionary statutory duties under s.15 of the Nova Scotia Endangered Species Act by missing statutory timelines and by publishing recovery plans that did not identify specific areas to be considered for core habitat for certain species; 'shall' is directory (not jurisdiction‑stripping) but nonetheless imposes an imperative obligation to comply and unexplained failure was unlawful, entitling applicants to declarations and mandamus while supervisory relief was not ordered.
Source excerpt
The court dismissed the appeal, holding that repeated map requests under the Wildlife Act were permissible and that the appellant failed to show due diligence or a defence.
The British Columbia Court of Appeal dismissed a challenge to the euthanization of an orphaned black bear cub, holding the Wildlife Act did not justify the declaration sought.
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