BC outfitters launch class action

[Pheroze]

Liberals are ruining everything IMO.

The funny thing about BC is that the Liberal party is their right wing party. Everything else is farther left!

 

[YancyW]

Liberals are ruining everything IMO.

Fact.

 

[johnnyblues]

The funny thing about BC is that the Liberal party is their right wing party. Everything else is farther left!

GEEZZZ

 

[BRICKBURN]

Coalition government to create a one seat majority in BC.
NDP a chance to govern, backstopped by a written power-sharing agreement with the Greens and contingent that Horgan can demonstrate he has the confidence of the legislature.

 

[bashaw]

If you’re in the Natural Resource businesses on the West Coast of the USA and BC Canada we are held hostage by the government, it’s hard to pick up Farms, Ranches, Timber, & Hunting Concessions & move to a friendlier State or Province

 

[Iwannahunt]

Pathetic thing about this is even if they win the suit and I hope they do, average Joe taxpayer (not the libtards that pushed for this foolishness) ends up paying damages. Why won't more "tree huggers" chain themselves to trees in grizzly country? Why?

 

[Rick Cox]

Here's an update. I have spoken at length with Ron Fleming, the guide and outfitter residing in Hazelton BC, who has initiated the lawsuit. I am not a lawyer so forgive me if I confuse some details, but this is the jist of it.
The lawsuit has been submitted and is currently under review to see if it will be accepted by the Supreme Court. The Minister has two weeks to respond.
Mr. Fleming tells me his lawyers state it is illegal in Canada to make a decision that effects resource management based on public opinion. This is part of their argument against the grizzly hunt ban, which was initiated because it "was no longer socially acceptable".
I have made a modest donation to support the legal fund and once Mr. Fleming learns if the lawsuit is a go, he will get back to me and I will a) provide an information update and b) provide banking details so any others inclined to contribute to the cause can do so.

 

[Rick Cox]

I have the lawsuit in PDF format, which I can't seem to post here.. at any rate if anyone would like to read it, send me a pm and I will forward it to you.

 

[Pheroze]

Here's an update. I have spoken at length with Ron Fleming, the guide and outfitter residing in Hazelton BC, who has initiated the lawsuit. I am not a lawyer so forgive me if I confuse some details, but this is the jist of it.
The lawsuit has been submitted and is currently under review to see if it will be accepted by the Supreme Court. The Minister has two weeks to respond.
Mr. Fleming tells me his lawyers state it is illegal in Canada to make a decision that effects resource management based on public opinion. This is part of their argument against the grizzly hunt ban, which was initiated because it "was no longer publicly acceptable".
I have made a modest donation to support the legal fund and once Mr. Fleming learns if the lawsuit is a go, he will get back to me and I will a) provide an information update and b) provide banking details so any others inclined to contribute to the cause can do so.

Thanks

I suspect the decision about whether it will proceed is dependent on a court finding that there is a legitimate cause of action and then certifying it as a class action proceeding. If it is not certified then each outfitter would be required to bring a separate individual action.

Typically this certification motion is held at the outset of a proceeding. In general terms a court will certify a class action where there is a common issue to be tried in the various potential claims such that the resolution of the common issue will be a cost/time savings to have done once.

In this case it sounds like the proposed common issue is the illegality of the policy decision. Policy decisions are generally considered to be immune from legal challenge except in limited circumstances. This legal question is actually quite interesting (for me anyways lol).

 

[Rick Cox]

Here is a copy of a letter I received from Ron and his wife Brenda regards the lawsuit and potential funding. These are good people fighting a good fight...


Hi Rick

Thank you so much for the support and help.
here is the link to the Love Bros & Lee fb page and it has all the same info ....
https://www.facebook.com/pg/Love-Bros-Lee-176432655846053/posts/?ref=page_internal
Here is the information for anyone wishing to support the lawsuit....

~ For Canadians there is a Legal Defense Fund set up at the Royal Bank of Canada in Hazelton where one can E-trans funds through via lovebroslee@bulkley.net or direct deposit to the account #02160-1001718

~ For Americans funds may be directed through Conservation Force at www.conservationforce.org and stipulate the project "Fight for the Hunt"

Hope this helps

Please let me know if there's anything else

Thank you

Brenda for Ron Fleming & Love Bros & Lee

 

[Rick Cox]

This lawsuit sounds like throwing spaghetti at a wall and seeing what sticks.

Operating a private business solely/mostly reliant on the government's approval of seasons/regulations is always risky. There are always natural or man-made circumstances that dictate if you make money that year. Maybe the outfitters should sue large companies for causing global warming hurting the caribou herds too.

I understand the arguments of the plaintiff and sympathize, but it has zero legal merit imo

Evidently, in Canada it is illegal to base resource desicions on public opinion. As the grizzly hunt bane was...

 

[steve white]

You have to put the fear of God in grizzlies. Former cowboy pastor in Montana says the griz have started running to the shots and claiming elk from hunters. He personally knew one man who, hunting alone, was surprised and mauled by a grizzly while gutting his elk. He crawled away about thirty five yards and froze to death that night.