An experienced hunter, Mr. Gaudreau shot an adult female deer without holding the correct license in November 2020.
Previously, the mayor of the municipality of some 3,500 inhabitants had indeed requested two permits for deer in zone 5 West, where he hunted, but the clerk at the big box store where he obtained them by mistake issued authorizations for other sectors.
Through his lawyer, Mr. Gaudreau pleaded the error of good faith, that it had been caused by a person in a position of authority as well as due diligence, that is to have taken means to avoid the offense.
All these arguments were rejected by the court.
“The Canadian Tire clerk cannot be considered a person in authority,” indicates Magistrate Justice of the Peace Tanya Larocque in her decision of May 31.
“The case law is clear,” she adds. The employees of a business are not agents within the meaning of the Act, but rather agents for the sale of hunting, fishing and trapping licenses. It cannot be competent people, responsible for applying the Law, who can mislead the defendant allowing him to raise this type of defense.
The court also rejected the honest mistake argument.
“Certainly, the court has no doubts about the good faith of the defendant,” said Ms. Larocque. This does not, however, exonerate him and cannot constitute a means of defense capable of exonerating him.”
Marcel Gaudreau. (Archives La Voix de l’Est)
Omissions
As for the defense of due diligence, the court emphasizes that Marcel Gaudreau is an experienced hunter who has been practicing this hobby for 10 years in zone 5 West.
It was the first time he bought his hunting licenses at Canadian Tire: the first one he was given ― for moose hunting ― was for the right area, but not the other two, which he signed without checking them “since the business was full of people”.
Nor did he check them when he returned home or before engaging in this activity.
“The defendant does not check the area indicated on his antlerless deer hunting license, even though he has three opportunities to do so before killing the animal.”
He therefore did not take “reasonable means to avoid committing the offense.”
Marcel Gaudreau, who was defended by Me Alexandre Caissie, will therefore have to pay a fine of $1,825, plus costs.
Under the judgment, he is also prohibited from hunting for two years, specifies by email Me Audrey Toupin-Couture, who represented the prosecution in this case.
The mayor of Saint-Alphonse-de-Granby did not call back The Voice of the East.
At the town hall, it is indicated that he will not be back until next week since he has gone… hunting.
