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In the fall of 2005, Fish and Wildlife officers
in the Wetaskiwin District received an anonymous complaint alleging that two
nonresidents from Nova Scotia had been historically (and were currently)
hunting in the New Sarepta area as Alberta resident hunters.
In Alberta, the Wildlife Act states that a “resident”
means a person who:
(i) Has his or her only or primary residence in Alberta and a. Is a
Canadian citizen or admitted to permanent residence in Canada, or b. has
lived in Canada for the 12 month period immediately preceding the
relevant date, or
(ii) Is on full-time service with the Armed Forces of Canada and would,
if an election were held under the Canada Elections Act (Canada), be
eligible to vote in Alberta under that Act.
In this case, investigators had to find
evidence to show that the two nonresidents held their primary residence
outside of Alberta.
As most readers are aware, Alberta residents
enjoy and have available more hunting opportunities than non-residents (out
of Alberta but within Canada) and non-resident aliens (out of country).
Hunting licences are considerably less expensive and there are more licence
combinations and draws available for Alberta residents when compared to
non-residents. In addition, non-residents and non-resident aliens are
required to hunt with a hunter-host or contract a guide-outfitter when
hunting in Alberta. This is in place as an additional safeguard to ensure
that local and provincial hunting regulations respecting land access,
species identification and safety are adhered to by the non-resident.
An in-depth investigation resulted where the
original information was verified. Licensing information showed that the two
individuals had been hunting in Alberta as residents since 2000. Prior to
that, both had hunted in Alberta as non-residents with the required Class C
guide. Both had used the same box number in New Sarepta as an address when
applying for and holding hunting licences, but had applied for resident
draws from a Nova Scotia phone number. One suspect possessed an Alberta
operator’s licence while the other possessed a Nova Scotia operator ’s
licence. Resident hunting licences were purchased in Alberta each year for
the November season.
In November of 2005, both suspects were checked
while hunting in the New Sarepta area and subsequently arrested. Firearms
and a vehicle they were using were seized. The vehicle had Alberta
registration belonging to an associate from the local area.
Subsequent investigation revealed that one of
the suspects had indeed been an Alberta resident for a period of time, but
had moved back to Nova Scotia in 2003. A number of witnesses, associates and
past employers were interviewed. A search warrant was executed on the
Worker’s Compensation Board that provided information on one of the
suspect’s primary residences in Nova Scotia. The other suspect was found to
have gainful employment and property in Nova Scotia. Canada Post records
showed that the post box used for the Wildlife Identification Numbers (WIN)
and hunting licences was currently possessed by a non-related, independent
party.
As a result, both individuals were charged with
numerous counts under the Wildlife Act and Criminal Code for fraud, applying
for, obtaining and holding a licence while ineligible, unlawful possession
of wildlife, unlawful export of wildlife and willfully giving false
information.
On January 3, 2007, in Leduc Provincial Court,
after a lengthy plea bargain arrangement, Dennis Ralph Neary and Darrell
Robert Neary, both of Antigonish, Nova Scotia, pled guilty to the following
charges and were handed the following penalties by the Honourable Judge P.G.
Sully:
Dennis Neary was sentenced on three counts
under Section 15, Wildlife Act – apply for, obtain or hold a licence while
ineligible, one count under Section 88 – willfully give false or misleading
information, one count under Section 55 – unlawful possession of wildlife
and one count under Section 59 – export wildlife without a permit.
Darrell Neary was sentenced on four counts of
Section 15, Wildlife Act: apply for, obtain or hold a licence while
ineligible, one count of Section 88 – willfully give false or misleading
information to a wildlife officer, one count of Section 55 – unlawful
possession of wildlife and one count of Section 59 – export wildlife without
a permit.
Dennis Neary received total fines of $3,115 and
Darrell Neary received $5,115 in total fines. Both received a two-year
recreational hunting licence suspension.
In addition, Judge P.G. Sully imposed a
Judicial Order made pursuant to Section 97 of the Wildlife Act, which
requires the Nearys to report to the Wetaskiwin Fish and Wildlife District
office the following for a three-year period after the licence suspension
expires:
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Documentation as to their residency;
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A detailed description of where hunting activities
will commence;
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The date that hunting activities will start and cease
for each year of this Order;
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The location or locations where each may reside while
hunting activities are carried out;
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Provide the name, phone number and address of the
designated “Hunter Host” or “Guide Outfitter” that each shall hunt with
for each year of this Order’s duration;
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Report to an appropriate Fish and Wildlife officer
the harvesting of any wildlife within 72 hours of the harvest;
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Report and produce for inspection if requested, any
harvested wildlife that either plans to remove from the Province of
Alberta within 48 hours of the transport.
This file was unique respecting the depth of
the investigation and the trail of offences that were uncovered relating to
the non-residency of the Nearys. Alberta has some of the most liberal
residency requirements in the country respecting hunting. Most jurisdictions
require minimum permanent residency in that jurisdiction for a period of six
months to two years before a new resident is able to hunt as such. I believe
that non-residency situations similar to this one will continue with
increased frequency in Alberta due to the increased mobility of Canadians
and international visitors and the draw that Alberta has to the rest of the
world because of our strong economy and our unique wildlife resources.
Miles Grove is a member of the Alberta
Game Warden Association in Wetaskiwin.
Wood bison are not classed as wildlife except in the
northwest portion of Alberta.
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