The Saskatchewan Court of Appeal upheld the conviction of a member of the Poundmaker First Nation in relation to offences under the provincial Wildlife Act and the federal Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. The appellant operated a game farm on the reserve near North Battleford and clients (typically U.S. hunters) shot and killed elk and white-tailed deer, and then took the meat, hide and antlers home with them. The case largely turned on the interpretation of words like “wildlife” in the statutes. The Court of Appeal also rejected the argument of the appellant that a Poundmaker First Nation By-law and two Band Council Resolutions allowed him to export wildlife without a licence. The By-law and BCRs did not cover the situation, and did not satisfy the requirements of Saskatchewan Environment to avoid the need for a licence. One of the BCRs specifically stated that the appellant was expected to comply with all federal and provincial rules.

http://www.canlii.org/en/sk/skca/doc/2014/2014skca124/2014skca124.html

Author

Scott Kerwin 
SKerwin@blg.com
604.640.4029

Expertise

Aboriginal Law