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Appeal from a Wildlife Act conviction was allowed in part after the court found the trial judge misread the regulatory definition of full curl sheep.
The Court of Appeal held that s. 35 can protect Aboriginal rights claimed by a non-resident, non-citizen successor community where Van der Peet continuity is proved.
The Court of Appeal granted the Crown leave to appeal an acquittal in a Wildlife Act prosecution, holding all three proposed grounds raised questions of law alone and were arguable.
Summary trial dismissed in a family dispute over a guide outfitter certificate and related assets; the court held viva voce evidence was needed to resolve conflicting facts.
The Court of Appeal held a conservation officer’s hunter-check question was part of a regulatory inspection, so the compelled answer was admissible and no Charter warning was required.
The court dismissed a civil claim for false arrest, false imprisonment, and malicious prosecution arising from a bear-shooting investigation and later Wildlife Act prosecution.
The court dismissed a s. 684 Criminal Code application for assigned counsel, but extended the deadline to file transcript-payment confirmation by 10 days.
The British Columbia Supreme Court dismissed an appeal from wildlife convictions, holding the Douglas Treaty did not exempt Tsartlip hunters from safety-based limits on night hunting and illumination.
The regulation cancelling the spring bear hunt was within the enabling authority of the Fish and Wildlife Conservation Act, considerations of humane treatment and political responsiveness fall within statutory purposes and motives are irrelevant to validity; there was no reasonable evidentiary basis to permit examinations of the Premier or Minister under Rule 39.03 and the proposed fresh evidence was inadmissible, therefore the Divisional Court's order permitting examinations was set aside.
Source excerpt
The court allowed the Crown’s appeal in a Métis harvesting case, finding insufficient evidence of a community right to hunt in the Kootenay area.
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