R. v. Howse - Part 2
R. v. Howse - Part 2
The Facts
[#4] Count 1 charges that John Grant Howse and Dan LaFrance, as a party to offence, on October 25, 1997, near the Haller Creek Main Forest Service Road, near Cherry Lake, near Cranbrook, Province of British Columbia, did hunt wildlife when he did not hold a hunting licence issued to him under the Wildlife Act. (Section 11(1)(a)(I) Wildlife Act RSBC Chapter 488). Count 2 alleges that Howse and LaFrance, on the same date, place, did unlawfully use a motor vehicle for the purpose of hunting or to transport a hunter to or from the location of wildlife in that portion of M.U. 4-3, being thewatershed of Haller Creek and Cherry Lake. (Sec. 13(2)(t),Part 2, Schedule 4, of British Columbia Regulation 190/84 enacted pursuant to the Wildlife Act RSBC Chapter 488).
[#5] In Count 3, Ronald Monsen is jointly charged withDan LaFRANCE, as a party to the offence. It alleges that Monson, on October 26, 1997, at approximately the 17.5 kilometre point on the Gold Creek Logging Road, near Cranbrook, British Columbia, did unlawfully carry a firearm when he did not hold a firearm licence issued to him under the Wildlife Act. (Section 11(1)(a)(iii).
[#6] In Count 4 Courchaine is charged, with Dan LaFrance as a party to the offence, that between October 10, 1997 and October 18, 1997, near Sanca Creek, near Cranbrook, British Columbia, he did hunt wildlife without a hunting licence issued to him under the Wildlife Act. (Section 11(1)(a)(I). In Count 5 Courchaine is charged, with Dan LaFrance as a party to the offence, that on or about October 10, 1997, near Sanca Creek, near Cranbrook, British Columbia, did kill a bull moose at a time not within the open season contrary to Section 26(1)(c) of the Wildlife Act. In Count 6 Courchaine is charged, with Dan LaFrance as a party to the offence, with having dead wildlife, a bull moose carcass, in his possession, other than as authorized under a licence or permit, or as provided by regulation, contrary to Section 33(2) of the Wildlife Act.
[#7] In Counts 7 to 11 inclusive, Dan LaFrance is jointly charged as a party to the offence with Frederic Laboucane. In Count 7 Frederick Laboucane is charged on or about October 25, 1997, near Caven Creek, near Cherry Lake, near Cranbrook, British Columbia, he did hunt an antlerless whitetail deer, when he did not hold a limited entry hunting authorization required by regulation, contrary to Section 11(1)(a)(ii) of the Wildlife Act. Count 8 charges Frederick Laboucane with shooting a whitetail deer in an area designated as a limited entry hunting area for that species when he wasnot in possession of a valid limited entry hunting authorization, valid resident hunting licence and valid B.C. resident species licence for that species hunted, contrary to Section 9(1)(b) of B.C. Regulation No. 134/93, enacted pursuant to the Wildlife Act. Count 9 alleges that Frederick Laboucane was in possession of dead wildlife other than as authorized under a licence or permit or as provided byregulation, contrary to Section 33(2) of the Wildlife Act. Count 10 alleges that Frederick Laboucane shot the antlerless whitetail deer at a time not within the open season, contrary to Section 26(1)(c) of the Wildlife Act. Count 11 alleges that Frederick Laboucane was a person who was required to hold a licence, permit or limited entry hunting authorization issued under the Wildlife Act or the regulations, and he failed to produce one for inspection to an officer on request, contrary to Section 97(a) of the Wildlife Act.
In Counts 12, 13 and 14, John Pratt is charged with Dan LaFrance charged as a party to the offence. In Count 12 John Pratt is charged on or about October 26, 1997, near the Gold Creek Forest Road, near Cranbrook, British Columbia, did unlawfully hunt antlerless whitetail deer when he did not hold a limited entry hunting authorization required by regulation contrary to Section 11(1)(a)(ii) of the Wildlife Act. In Count 13, it is alleged that John Pratt had in his possession the dead antlerless whitetail deer other than as authorized under a licence or permit or as provided by regulation contrary to Section 33(2) of the Wildlife Act. In Count 14 alleges that John Pratt, failed to comply with a condition of or an instruction in a species licence by failing to cancel the species licence in accordance with the instructions on it contrary to Section 16.01(b) of BC Regulation 340/82 which was enacted pursuant to the WildlifeAct.On September 27, 1999, the defendants effectively admitted the Crown's case by consenting with the Crown to the filing of an Admission of facts as Exhibit 1. It reads as follows:
1. In late October, 1997 near Cranbrook, British Columbia, John Grant House, Ronald Monsen, Leonel Courchaine, Frederick Laboucane, John Pratt and Dan LaFRANCE participated in a protest hunt for the purposes of gathering food and during those times the following incidents occurred, that;
a) John Grant House hunted wildlife near Cherry Lake, near Cranbrook, British Columbia on October 25, 1997, when he did not hold a hunting licence issued to him under the Wildlife Act;b) Ronald Monsen hunted wildlife on October 26, 1997, near Cherry Lake, near Cranbrook, British Columbia and for that purpose carried a firearm when he did not have a firearm licence issued to him under the Wildlife Act;
c) Leonel Courchaine hunted and killed a moose between October 10, 1997 and October 18, 1997 near Sancha Creek, near Cranbrook, British Columbia when he did not hold a hunting License issued to him under the Wildlife Act;
d) Frederick Laboucane hunted and killed a Whitetail Deer on October 25, 1997, near Cherry Lake, near Cranbrook, British Columbia when he did not hold a hunting license, Limited Entry hunting Authorization or species license issuedto him under the Wildlife Act in his possession and being required to hold a licence, permit or limited entry hunting authorization issued to him under the Wildlife Act or Regulations, failed to produce it for inspection to an officer on request it not being a time within the open season;
e) John Pratt, on October 26, 1997, near the Gold Creek Forest Road, near Cranbrook, British Columbia, did hunt and have possession of an antlerless Whitetail deer when he did not hold a limited entry hunting authorization required by regulation and also failed to comply with a condition or instruction in a species license by failing to cancel the species license in accordance with the instructions on it;
f) Dan LaFRANCE was a party with John Grant House, Ronald Monsen, Leonel Courchaine, Frederick Laboucane and John Pratt in a hunt for wildlife and in the possession of wildlife with Leonel Courchaine, Frederick Laboucane and John Pratt on October 25, 1997 and October 26, 1998 when they did not hold a hunting license or authorizations as set out above issued to them under the Wildlife Act. (It is noted that JohnGrant Howse is spelled incorrectly. Further, in paragraph (f) the year 1998 should be 1997.)
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