Under the Migratory Birds Convention Act, 1994, Environment and Climate Change Canada is responsible for protecting migratory birds, their nests, and eggs and for regulating potentially harmful human activities that may affect them.
Environment and Climate Change Canada reports that in October 2019, its enforcement officers conducted a migratory bird coastal patrol in Notre Dame Bay, Newfoundland and Labrador. The officers observed a boat with two individuals and hunting equipment on board.
Upon inspection, enforcement officers discovered three birds and two shotguns. Two of the birds were razorbills, which are protected under the Migratory Birds Convention Act, 1994. One of the men, Mr. Raymond Newman was unable to produce a migratory game bird hunting permit at the time of inspection. Additionally, one of the shotguns could hold more than three shells, which contravenes the Migratory Bird Regulations
On August 5, 2020, Mr. Newman was found guilty of three offences under the Migratory Birds Convention Act, 1994 after a trial in Grand Falls-Windsor provincial court. Mr. Newman was found guilty of violating paragraph 5(a) of the Act and for contravening a provision of the Migratory Birds Regulations.In addition, Mr. Newman was found guilty of failing to present a migratory game bird hunting permit at the time of inspection.
As a result, Mr. Newman was fined $15,000, which will be directed to the Government of Canada’s Environmental Damages Fund. In addition to the fine, Mr. Newman is prohibited from applying for, using, or possessing a migratory game bird permit for a period of one year. He was also ordered by the court to forfeit the seized items including a shotgun, shells, and two razorbills.
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Manning Environmental Law is a Canadian law firm based in Toronto, Ontario. Our practice is focussed on environmental law, energy law and aboriginal law.
Paul Manning is a certified specialist in environmental law. He has been named as one of the World’s Leading Environmental Lawyers and one of the World’s Leading Climate Change Lawyers by Who’s Who Legal. Paul is also ranked by Lexpert as one of Canada’s Leading Practitioners in Environmental Law.
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