Hunting Ban - Court Sentence

BRICKBURN

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I'm not sure if this guy poached this bear or was just failing to import it properly. Sure want to have you paperwork in place.

CALGARY — A Calgary man has been banned from hunting anywhere in the world for a year and fined thousands of dollars for illegally importing the carcass of an Alaskan brown bear.

Environment Canada says Jason John Clemett was found guilty in June and was ordered to pay $13,500 for violating the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.

Most of the penalty will go to the Environmental Damages Fund, while $1,350 will go to the federal government.

An additional fine of $1,300 will be paid to the Alaska Department of Fish and Game.

As well, Clemett is prohibited for two years from importing and exporting wildlife to and from Canada.

The court also banned Clemett from hunting in or outside Canada for one year and required him to forfeit the bear hide and skull.
 
How can he banned from hunting outside of Canada? And perhaps the USA.
 
How can he banned from hunting outside of Canada? And perhaps the USA.

Good question Phil.
@Pheroze , could you possibly shed some light on how they could enforce this law outside Canadian borders?
 
It would have to be an international court, and even then, subject to the countries that signed the treaty to establish that particular international court.

@BRICKBURN ...Which court made this decision?
 
It looks like the alleged violation(s) occurred a while back and involved others;

Department of Justice
U.S. Attorney’s Office
District of Alaska
FOR IMMEDIATE RELEASE
Friday, September 12, 2014
International Wildlife Investigation Results in Charges against Five Canadian Clients for Illegal Take of Wildlife, Filing False Documents, and Wildlife Smuggling

Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that a joint United States-Canadian wildlife investigation has resulted in the filing of charges by the United States Attorney in Anchorage against five Canadian citizens for the illegal take and export of wildlife from Alaska to Canada.

The United States filed charges against Alberta, Canada residents Fred R. Thomson, 54, Ben J. Thomson, 32, Kelly D. Murray, 51, Colby L. Murray, 21 and Jason Clemett 42, for the illegal take of wildlife, concealing the illegal nature and take of wildlife on the guided hunts, and the illegal export of unlawfully taken wildlife.

The guided hunts, and the violations during these hunts, occurred between October 2009 and October 2011, in the Haines, Alaska area.

The charges filed are the result of an extensive joint United States-Canadian investigation. Starting in November 2012, Canada Crown prosecutors in Alberta and Yukon Territory, Canada, charged 17 subjects with 55 violations under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA). These charges arose out of the illegal guided hunts charged above and the illegal import of unlawful wildlife from the United States into Canada. The Canadian trials began in June 2014.

The maximum penalty for violating the Lacey Act as charged is one year imprisonment and a $100,000 fine. Arraignment dates have not been set.

Ms. Loeffler commends the United States Fish and Wildlife Service; Alaska Wildlife Troopers; Environment Canada Wildlife Enforcement; Yukon Conservation Officer Service; Alberta Fish and Wildlife; Parks Canada; British Columbia Conservation Officer Service; and the Public Prosecution Service of Canada for the international cooperation extended in the investigation of these cases.
 
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How can he banned from hunting outside of Canada? And perhaps the USA.

We now have laws on our books, as many states in the USA do, that you can not hunt in another jurisdiction if you are under suspension anywhere else.
Our online license purchase requires you to answer a question and assert that you are not under suspension.
 
It looks like the alleged violation(s) occurred a while back and involved others;

Department of Justice
U.S. Attorney’s Office
District of Alaska
FOR IMMEDIATE RELEASE
Friday, September 12, 2014
International Wildlife Investigation Results in Charges against Five Canadian Clients for Illegal Take of Wildlife, Filing False Documents, and Wildlife Smuggling

Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that a joint United States-Canadian wildlife investigation has resulted in the filing of charges by the United States Attorney in Anchorage against five Canadian citizens for the illegal take and export of wildlife from Alaska to Canada.

The United States filed charges against Alberta, Canada residents Fred R. Thomson, 54, Ben J. Thomson, 32, Kelly D. Murray, 51, Colby L. Murray, 21 and Jason Clemett 42, for the illegal take of wildlife, concealing the illegal nature and take of wildlife on the guided hunts, and the illegal export of unlawfully taken wildlife.

The guided hunts, and the violations during these hunts, occurred between October 2009 and October 2011, in the Haines, Alaska area.

The charges filed are the result of an extensive joint United States-Canadian investigation. Starting in November 2012, Canada Crown prosecutors in Alberta and Yukon Territory, Canada, charged 17 subjects with 55 violations under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA). These charges arose out of the illegal guided hunts charged above and the illegal import of unlawful wildlife from the United States into Canada. The Canadian trials began in June 2014.

The maximum penalty for violating the Lacey Act as charged is one year imprisonment and a $100,000 fine. Arraignment dates have not been set.

Ms. Loeffler commends the United States Fish and Wildlife Service; Alaska Wildlife Troopers; Environment Canada Wildlife Enforcement; Yukon Conservation Officer Service; Alberta Fish and Wildlife; Parks Canada; British Columbia Conservation Officer Service; and the Public Prosecution Service of Canada for the international cooperation extended in the investigation of these cases.


This guy got off light then. Wonder if the guys was fooled by a fake Outfitter since there seem to be so many of them. 17 subjects - WOW.
 
It would have to be an international court, and even then, subject to the countries that signed the treaty to establish that particular international court.

@BRICKBURN ...Which court made this decision?

Likely a Federal Court here.
 
Good question Phil.
@Pheroze , could you possibly shed some light on how they could enforce this law outside Canadian borders?

Enforcing the hunting ban would obviously be difficult. However, electronic records throughout North America now make it much easier.
The importation ban would also be interesting to enforce. Although this guys name will be in the computer as an offender and I can only imagine his trips across and border with the USA will become rather laborious.
I would not want to be the guy who ignored a Federal Judge. That result would not be pretty.
 
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Enforcing the hunting ban would obviously be difficult. However, electronic records throughout North America now make it much easier.
The importation ban would also be interesting to enforce. Although this guys name will be in the computer as an offender and I can only imagine his trips across and border with the USA will become rather laborious.
I would not want to be the guy who ignored a Federal Judge. That result would not be pretty.

I'll give you a "Like." :)
 
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Enforcing the hunting ban would obviously be difficult. However, electronic records throughout North America now make it much easier.
The importation ban would also be interesting to enforce. Although this guys name will be in the computer as an offender and I can only imagine his trips across and border with the USA will become rather laborious.
I would not want to be the guy who ignored a Federal Judge. That result would not be pretty.

But I don't see how Canada can say to the guy you're not allowed to hunt in South Africa, Spain et al. I would think that would need to be up to those foreign countries to decide. Canada has no jurisdiction outside it's borders.
 
CANADIAN citizen has a sentence imposed on him by a Canadian court. They can jail him and restrict him in so many ways.
They can remove his passport, thus a defacto hunting ban outside the country.
Remove his firearms license for Five years or lifetime. He's done gun hunting. Etc etc

The courts got wise to guys poaching in one state then moving on to the next and continuing their illegal activities.

True poachers won't care about a ban but for a typically law abiding guy this is a big punishment.

This is done in the US all the time. You are a violater in one state you can't hunt in a whole host of other states.
 
This is done in the US all the time. You are a violater in one state you can't hunt in a whole host of other states.

Yes it is. That info sharing started quite some time ago. I just wasn't sure how that part of "outside" Canada can be enforced. Certainly pulling his passport would result in a de facto ban.

The court also banned Clemett from hunting in or outside Canada for one year and required him to forfeit the bear hide and skull.

 
Simplest explanation is that its a Canadian citizen having a sentence imposed by a Canadian court.
 
I took a quick look at this Act. It allows for interprovincial agreements but I am at a loss how they will enforce anything outside of Canada. the charges in the USA will be dealt with under US legislation. Maybe his terms could be varied to the extent it overreaches. Although, there may be other acts or agreements that layer on that I am unaware of. Judging how aggressively the west likes to impose itself on issues of wildlife management, it is probably not a good precedent to start making international court orders here.
 
Don't know about Canada, but US Courts make "new law" all the time by establishing a precedent in a ruling that other courts will follow in future cases. An appeal process can maybe modify this one if he's got the money to fight it long enough.

This is just me thinking out loud. I am not a lawyer and I did not spend the night in a Holiday Inn Express.
 
It sounds as if the act is between the U.S. and Canada, but as most of you have said, if they pulled his passport, it accomplishes the ban, among many other events in life for the period of the ban. Yep, if he's Canadian, he sure doesn't want to P... off a Canadian Federal judge! He have many other problems than just loosing his passport and his hunting time!!!
 
But I don't see how Canada can say to the guy you're not allowed to hunt in South Africa, Spain et al. I would think that would need to be up to those foreign countries to decide. Canada has no jurisdiction outside it's borders.
Phil, both Canada and the USA - as well as lots of other countries - have passed laws over the last decade or so which purport to restrict activities outside of the country. The US claims it has jurisdiction over American citizens by virtue of their citizenship wherever they may be. Canada is not quite as rigid, but it depends on the offence.

One example is that both countries have banned "sex tourism" where people visit countries, usually southeast Asia, for the purposes of engaging in activities with minors which would be illegal back home.

In order to enforce these laws, your home country needs to know about the offence, and then it needs to get its hands on you. Neither is necessarily hard to do in this age of information sharing.
 
Phil, both Canada and the USA - as well as lots of other countries - have passed laws over the last decade or so which purport to restrict activities outside of the country. The US claims it has jurisdiction over American citizens by virtue of their citizenship wherever they may be. Canada is not quite as rigid, but it depends on the offence.

One example is that both countries have banned "sex tourism" where people visit countries, usually southeast Asia, for the purposes of engaging in activities with minors which would be illegal back home.

In order to enforce these laws, your home country needs to know about the offence, and then it needs to get its hands on you. Neither is necessarily hard to do in this age of information sharing.
This is a point I had forgotten about. As long as 12 years ago, Americans working as State Department Contractors in Kosovo, would be fired immediately if found to be engaging in prostitution in some of the European countries where it was otherwise legal. I can't recall if they would be charged with anything. The same applied to smoking marijuana in Amsterdam which was also legal at that time. Don't know if it is still legal.
 
Poachers and Sex Offenders, there is a combo I had not put together!
 

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