View Single Post
  #32  
Old 10-17-2020, 10:12 AM
Dean2's Avatar
Dean2 Dean2 is online now
 
Join Date: Dec 2008
Location: Near Edmonton
Posts: 15,066
Default

The way that regulation is written, go to the prosecutor and see if they will wipe the ticket. I doubt they want to test this as the precedent will kill future cases. If they won't cancel the ticket go to court. The booklet varies from the Wildlife Act so she has good arguments. The Crown cannot argue what they meant to say, only what it actually does say.



Recreational licences — eligibility
29(1) A person is eligible to obtain or hold a recreational licence if
and only if that person is an individual who has not had any right to
hunt, other than by means of traps, or to obtain or hold a
recreational licence, suspended or cancelled under the laws of
another jurisdiction and who
(a) is
(i) at least 14 years of age,
(ii) 13 years of age, if the recreational licence is a special
licence and the 13-year old will reach the age of 14
years before the end of the open season during which
the licence is valid,
(iii) 11, 12 or 13 years of age if
(A) he has completed the Alberta Conservation and
Hunter Education Program or is a non-resident
or non-resident alien who hunts with another
individual referred to in subsection (2), and
(B) repealed AR 105/2002 s9,
(C) in the case of an 11-year old, the recreational
licence is a special licence and the 11-year old
will reach the age of 12 years before the end of
the open season during which the licence is
valid,
or
(iv) 10 years of age if
(A) the recreational licence is a game bird licence,
and
(B) the 10-year old has completed the Alberta
Conservation and Hunter Education Program or
has achieved an equivalent certification in
another jurisdiction,
(b) in the case of an individual who is under 16 years of age,
is authorized in writing by his parent or legal guardian to
hold that licence,
(c) subject to subsection (2), has
(i) achieved such mark in an examination approved by
the Minister as is fixed by the Minister,


Section 29 AR 143/97
WILDLIFE REGULATION

(ii) held a licence authorizing recreational hunting in
Alberta or elsewhere, or
(iii) passed a test approved by the Minister respecting
hunting competency,
before applying for the licence,



(d) has written the examination, and achieved the mark,
referred to in clause (c)(i) after the beginning of the
suspension if his recreational licence or his right to hold
one has been suspended in accordance with section 19 or
101 of the Act, and
(e) has been assigned a valid wildlife identification number.


(2) Subsection (1)(c) does not apply to a non-resident or a
non-resident alien who hunts accompanied by another individual
who
(a) is a designated guide,
(b) is a hunter host, or
(c) meets the requirements of subsection (1)(c) and, if
applicable, (d).
(3)
Reply With Quote