Whitehorse Daily Star

Hunter’s actions described as ‘very serious’

A Yukon hunter previously convicted of wasting wild game received a seven-year hunting ban and was fined $3,000 in Yukon territorial court Tuesday for violating a court order.

By Pierre Chauvin on October 28, 2015

A Yukon hunter previously convicted of wasting wild game received a seven-year hunting ban and was fined $3,000 in Yukon territorial court Tuesday for violating a court order.

Edward Bernier pleaded guilty to two counts of obtaining a hunting licence when prohibited to do so by a court order.

In May 2013, Judge Michael Cozens issued an order prohibiting Bernier from hunting until May 2017, or until he paid more than $8,000 in fines, whichever occurred last.

Bernier had been convicted of wasting moose meat and failing to affix a seal to the moose.

On Tuesday, Crown prosecutor Lee Kirkpatrick told Justice of the Peace Sharman Morrison-Harvey conservation officers had received information Bernier had obtained hunting licences in April 2014 and 2015.

There is no indication he hunted under those licences, she added.

When questioned by conservation officers, Bernier refused to provide a statement.

Later, he admitted to obtaining them “out of spite,” Kirkpatrick told the court.

Kirkpatrick and defence lawyer Nicholas Weigelt made a joint submission for Bernier’s sentence, asking for a $3,000 fine and a seven-year hunting prohibition.

The fine will be given as a contribution to the Turn In Poachers and Polluters (TIPP) line, operating 24 hours a day, seven days a week.

Bernier misunderstood the terms of the order, Weigelt told the court. He believed he was prohibited from hunting, not having a hunting licence.

Kirkpatrick took issue with Bernier’s offence characterized as a “misapprehension.” He noted Weigelt was already Bernier’s counsel in 2013 and would have explained to him the meaning of the prohibition order.

It also doesn’t make sense, given that he admitted to obtaining those out of spite, she added.

“This has very little bearing in what the sentence will be,” Justice of the Peace Morrison-Harvey ruled when handing out the fine and hunting ban.

During the first five years of the seven-year ban, Bernier will also be prohibited from accompanying any person hunting or any person “armed in the field.”

“It was quite concerning that an individual who had been previously convicted and received a hunting prohibition, to turn around and continue to get licences,” Ryan Hennings, manager of enforcement and compliance with the conservation officer services branch, told the Star today.

“It’s something we take very seriously, and I’m sure the Yukon public takes very seriously.”

The public can phone the TIPP line any time to report anonymously any suspected Wildlife Act violations.

“In recent years, it has become quite the tools for Yukon residents to report such violations to us,” he said.

The Crown dropped four other Wildlife Act charges that had been laid against Bernier on top of violating a court order.

They were two counts each of providing false information and failing to disclose material for the April 2014 and 2015 offences.

The previous conviction stems from a Sept. 22, 2012 hunting trip during which Bernier and a friend shot and killed a moose behind the abandoned Faro lead-zinc mine.

The moose was abandoned, and a witness contacted conservation officers.

The COs “went out and found the partially buried moose by a grizzly bear,” Judge Cozens noted at the time.

The bear came within 11 metres of the COs.

“Mr. Bernier is an experienced hunter, and a Yukon resident who certainly knew better than to act the way he did with respect to this moose,” Cozens said in his 2013 ruling.

Bernier is a lifetime Yukon resident and had been hunting for 28 years.

He was fined $8,625 and had to forfeit his rifle.

To contact the Yukon Environment TIPP line, call 1-800-661-0525.

Comments (9)

Up 0 Down 0

lk on May 28, 2022 at 1:08 pm

Actually Max Mack, he WAS prohibited under the order from applying for or obtaining a hunting licence. Check your facts next time before you go all splenetic.

Up 39 Down 14

north_of_60 on Oct 29, 2015 at 6:36 pm

@JJ "Not only should he get jail time, fines, penalties and confiscation of arms and vehicles.."

Confiscation of arms and vehicles? What for? He committed no firearms or motor vehicle offense, regardless of how despicable we may find wasting wildlife.

Should your firearms be seized if you fail to wear your seatbelt? Should speeding suspend your hunting license? Roll thru a stop-sign and your dog license gets revoked?

Up 35 Down 6

June Jackson on Oct 29, 2015 at 8:58 am

This is a Yukon thing.. people go out and bring down a moose or a caribou all the time.. chop it up and eat it. I don't know of too many folks that have a problem with that... with or without a license...and too many people in the Yukon are grateful for a leg of moose or a roast.

It's this killing for the kill, leaving the animal to rot and attract wolverines, bears, and other denizens of the forests.. Even seasoned hunters don't like it when other hunters abandon the meat.. If he has been hunting for 28 years..what's he been doing for 28 years? Then buying hunting licenses when he is banned from hunting? Not only should he get jail time, fines, penalties and confiscation of arms and vehicles.. but.. there a web site called.. "I'm not right in the head".. perhaps he should consider paying it a visit.

Up 53 Down 6

What a loser! on Oct 28, 2015 at 10:13 pm

I went to school with you Ed and all I can say is what kind of example are you setting for your kids? Poachers are the lowest of the low…and meat wasters…. leave the animals alone if you can't respect how to hunt.

Up 11 Down 1

Sam Dion on Oct 28, 2015 at 6:04 pm

In reply to "just wondering", hunting & fishing licences can be purchased at the government agents (liquor stores) in the communities.

Up 49 Down 33

Max Mack on Oct 28, 2015 at 5:59 pm

Technically, Mr. Bernier did not violate the court order. He was prohibited from hunting, not obtaining a hunting permit. One does not necessarily equal the other.

Judging by this decision, it looks like the 'Ole West "hang him high" mentality is still alive and well in the Yukon. My opinion is that decisions like this undermine the law and the credibility of the officials prosecuting the case.

If the court wanted to bar Mr. Bernier from obtaining a hunter's permit, then the court should have made that explicit in their order.

Up 26 Down 1

YTHunter on Oct 28, 2015 at 5:06 pm

Just Wondering
While I may be correct, I suspect he was able to obtain a license by purchasing it from one of the sporting good stores. A book is kept that shows if you had a license the previous season, which then allows you to purchase one for the current season. Obviously, the system is not perfect but is convenient for law abiding Yukoners.

Up 37 Down 29

Paul on Oct 28, 2015 at 5:04 pm

It is of the highest insult to all outdoors men that this guy be called a hunter. He probably can't even spell the word. Lifetime ban is required.

Up 59 Down 2

Just wondering on Oct 28, 2015 at 4:02 pm

What I would like to know is how Mr. Bernier managed to obtain a hunting licence in 2014 and 2015 when these licences are (ultimately) bought from Yukon Environment - the same department that the Conservation Officers work in. Surely in the 21st century they are flagging the names of persons who cannot get a hunting licence? Then they could simply be denied one if they apply, whether they have applied deliberately or accidentally.

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