B.C. hunting guide seeks class-action lawsuit in battle over grizzly hunting ban

B.C. hunting guide seeks class-action lawsuit in battle over grizzly hunting ban

The suit says government knew its decision would harm people directly employed by 245 guide outfitting businesses

The operator of a guide outfitting company has filed a proposed class-action lawsuit against the British Columbia government over the ban on grizzly bear hunting.

Ron Fleming, owner of Love Bros. & Lee, is seeking compensation for all B.C. guide outfitting businesses allegedly harmed by the hunting ban.

The lawsuit filed in B.C. Supreme Court names the Ministry of Forests, Lands, Natural Resource Operations and Rural Development and the minister, Doug Donaldson, alleging the province inappropriately closed the hunt over public opinion and for political or social reasons.

The statement of claim alleges the government knew its decision would harm the 2,000 people directly employed by 245 guide outfitting businesses, especially those with licences to hunt grizzlies or who lost business when the ban was announced in 2017.

READ MORE: Grizzly bear trophy hunt to end Nov. 30

The lawsuit says prior to the ban, fewer than two per cent of the bears in B.C. were hunted each year and the number of grizzlies has been increasing across the province.

None of the allegations have been proven in court and a statement of defence has not been filed.

The provincial government did not immediately respond to a request for comment.

First Nations who hunt for treaty rights or for food, social and ceremonial reasons were exempted from the ban.

When it went into effect, Donaldson said it was “no longer socially acceptable to the vast majority of British Columbians to hunt grizzly bears.”

Environment Minister George Heyman also cited research suggesting the economic impact of bear viewing is far greater than hunting, both for revenue and job creation.

The statement of claim says there was no government consultation about shutting down the hunt with guides, resident hunters or First Nations. It asks for financial compensation for damages.

Chad Day, president of the Tahltan Central Government, which represents the Tahltan and Iskut First Nations, says in a news release they support the legal action.

“It has hurt our people culturally, economically and put many of British Columbia’s communities and dwindling ungulate and salmon populations at further risk,” Day says.

The court must first approve the class-action before it would be allowed to continue.

The statement of claim says hunters pay as much as US$25,000 for a guided grizzly bear hunt and when the ban was announced, many outfitters had to cancel bookings already confirmed by deposit for dates into 2021.

The court document says there are approximately 15,000 grizzly bears in British Columbia, about 25 per cent of the entire grizzly population in North America, and that the number of the bears has remained stable for the last two decades.

It says government data shows hunting of up to nine per cent of some grizzly populations is sustainable and that the Ministry of Forests does not have the authority under the Wildlife Act to regulate grizzly hunts “outside the scope of proper wildlife management.”

The statement of claim seeks a court order certifying a class-action lawsuit, requests damages for negligent representation and for “knowingly acting when they had no lawful reason to stop the grizzly bear hunt on wildlife management or First Nations grounds.”

The Canadian Press


Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Nanaimo Regional General Hospital. (News Bulletin file photo)
COVID-19 outbreak at Nanaimo hospital appears to be contained, says Island Health

Chief medical health officer urges patients to meet scheduled appointments

Beef to the person in the little car who tailgates me with high beams along Kilpatrick and Jingle Pot in the morning and lays on the horn when I turn left onto East Wellington. If following the speed limit is not going to get you where you are going on time please do not take it out on me. May I suggest you leave a bit sooner.
Beefs & Bouquets, Jan. 27

To submit a beef or a bouquet to the Nanaimo News Bulletin, e-mail editor@nanaimobulletin.com

(News Bulletin file)
COVID-19 affects student enrolment and funding for Nanaimo school district

More distance-ed students leads to yet-to-be divvied out money, says SD68 secretary-treasurer

An Island Health graph showing COVID-19 cases in the central Island by local health area between Dec. 27 and Jan. 23. (Island Health image)
Central Island’s COVID-19 case spike shifting, says Island Health

Cowichan Valley has seen the highest number of cases, but Nanaimo and south Island seeing upticks

Cash and drugs allegedly found in a suspect’s possession following an arrest earlier this month in downtown Nanaimo. (Photo submitted)
Accused drug dealer arrested in downtown Nanaimo carrying $20,000, fentanyl, crack and meth

Terrance Virus, 39, being held in custody, scheduled to appear in court Feb. 1

An Island Health graph showing COVID-19 cases in the central Island by local health area between Dec. 27 and Jan. 23. (Island Health image)
Central Island’s COVID-19 case spike shifting, says Island Health

Cowichan Valley has seen the highest number of cases, but Nanaimo and south Island seeing upticks

Keith Thorpe/Peninsula Daily News
Search called off for small plane that went down in rough water south of Victoria

Plane bound for Port Angeles from Alaska believed to have one occupant, an Alaskan pilot

This coming Thursday, Jan. 28, is Bell Let’s Talk Day, and conversations about mental health would serve many of us well as the pandemic persists. (Zackary Drucker/The Gender Spectrum Collection)
Editorial: Let’s talk about our mental health in a pandemic

Bell Let’s Talk Day is Thursday, Jan. 28

B.C. Premier John Horgan wears a protective face mask to help prevent the spread of COVID-19 prior to being sworn in by The Honourable Janet Austin, Lieutenant Governor of British Columbia during a virtual swearing in ceremony in Victoria, Thursday, November 26, 2020. THE CANADIAN PRESS/Jonathan Hayward
Premier Horgan calls jumping COVID vaccine queue ‘un-Canadian’

Horgan says most people in B.C. are doing their best to follow current public health guidelines

Worker at Swartz Bay terminal on Monday, January 20, 2020. (THE CANADIAN PRESS/Chad Hipolito)
Former BC Ferries employee alleges he was fired because of his race

Imraan Goondiwala has been granted a BC Human Rights Tribunal hearing

A concrete seawall built to prevent erosion on a property on Driftwood Drive on Mudge Island. (Islands Trust image)
Appeal Court says Mudge Island homeowners’ seawall has to go

Court decides right to guard against erosion isn’t a ‘privileged’ property right

B.C. Ferries is in the midst of gathering support from local governments for a plan that would fully electrify Island-class ferries. A pair of hybrid ferries are slated for the Gabriola-downtown Nanaimo ferry route for 2022. (News Bulletin file)
Hybrid vessels just a start as B.C. Ferries works toward fully electric sailings on Gabriola route

Ferry corporation seeking support from local governments for electrification plan

Royal B.C. Museum conservator Megan Doxsey-Whitfield kneels next to a carved stone pillar believed to have significance as a First Nations cultural marker by local Indigenous people. The pillar was discovered on the beach at Dallas Road last summer. Museum curatorial staff have been working with Songhees and Esquimalt Nation representatives to gain a clearer picture of its use. (Photo courtesy Royal BC Museum)
Stone carving found on Victoria beach confirmed Indigenous ritual pillar

Discussion underway with the Esquimalt and Songhees about suitable final home for the artifact

Former Vancouver Giants forward Evander Kane is seen here in Game 7 of the second round of the 2009 WHL playoffs against the Spokane Chiefs (Sam Chan under Wikipedia Commons licence)
Gambling debts revealed in details of bankruptcy filing by hockey star Evander Kane

Sharks left winger and former Vancouver Giants player owes close to $30 million total

Most Read