The B.C. Court of Appeal found that a Port Renfrew man used due diligence and care when he shot a bear he found near a tennis court.
Unbeknownst to counsel and the judge, the conviction on hunting without due care attracted a mandatory three-year hunting prohibition that was subsequently served upon the defendant. The defendant appealed. Convictions under the Wildlife Act were quashed and acquittals entered.
The regulatory offence case is in the Lawyers Weekly Digest, as R. v. Klem.