September 8 1991
Free Press Files
Using a helicopter to hunt bighorn sheep has cost and Alberta big-game guide $1,000 and possibly his B.C. guiding license.
Leslie Sjogren of Nobelford was handed a precedent-setting conviction by Judge Don Carlgren in provincial court in Fernie Tuesday.
Fernie Conservation Officer Frank de Boon said it was an important conviction because it promote the “fair chase aspect of hunting.”
“Anytime we get a conviction, we are happy” said De Boon.
This was the first time the aspect of using helicopters for hunting under the provincial Wildlife Act has been tried in court.
De Boon said his office and wildlife officials in Alberta and Montana spent more than a year to complete the case paperwork and it took hundreds of man hours to do it.
He said Sjogren will likely be given a four or five year suspension on his B.C. guiding licence. The suspension is not automatic as it was at one time, De Boon added. His office will apply to the director of wildlife to have Sjogren’s guiding licence suspended
The trial, which took most of the day, included the testimony of a witness who had talked to Sjogren and his client after they had flown in the Flathead Valley looking for sheep Oct. 10,1989. The interpretation and intent of two Wildlife Act sections dealing with the use of helicoptering aircraft by hunters was also targeted during the trial.
Crown counsel Greg Sawchuk said evidence showed that Sjogren and his hunting client, Ron Hurlburt of California, were looking for sheep when they flew the helicopter over the Flathead hunting territory of guide Don Letcher. Sawchuk said the Wildlife Act states its an offense to use helicopter for any activities connected with hunting.
Sawchuk said Section 28.2b of the Wildlife Act allows fixed-wing aircraft to transport hunters but does not allow hunters to use helicopters at any time.
Defense counsel Patrick Deardon argued that there was no evidence firearms were carried in the helicopter and no evidence of intent to capture wildlife.
De Boon said no one would probably hire Sjogren now with a conviction under Wildlife Act. He said the judge indicated that the fine was kept low because Sjogren lawyer argued his livelihood will probably be wiped out with he suspension of his guiding licence.
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