A
bigger hammer for bigger nails
Conservation
officers in Alberta must constantly develop new skills and utilize progressive
technology and legislation if we are to have any effect on the constant
pressures put on the province's renewable resources and our quality
of life.
Much more
effective legislation is yet required to deal with the larger problems
of air and water quality and the effects of greenhouse gasses on global
warming. However, progress has been made in one area. The passage of
the Wild Animal and Plant Protection Regulation of International
and Interprovincial Trade Act (WAPPRIITA) has made it more difficult
to use borders to escape prosecution, as illustrated in the following
investigation.
The first
of many twists and turns, this case began on Nov. 10, 1998 when Dean
E. Wilkie, a 50-year-old resident of Lenoir, North Carolina arrived
in Alberta. He had arranged for a big game hunt in this province with
a licensed guide. Since the hunt was booked to begin a week from that
date, on Nov. 17, he drove east to take advantage of an opportunity
to hunt migratory birds with 34-year-old Jeffrey Robson, a resident
of Rosetown, Saskatchewan.
According
to a statement provided later, en route he stopped at the small town
of Cereal south of Calgary and while there purchased two sets of trophy
deer antlers. One set was taken from a mule deer, the second from a
whitetail. He was later to admit paying two individuals $300 for the
antlers but stated he did not know them, nor could he recall their names.
Following the transaction he continued on to Saskatchewan and crossed
the border without an export permit for the wildlife in his possession.
In Saskatchewan,
he teamed up with Robson, an individual with an extensive history of
resource violations and convictions in Saskatchewan ranging from illegal
possession of wildlife and migratory birds, hunting out of season, wasting
game, providing false information and smuggling a bighorn sheep skull
and horns.
Following
their migratory bird-hunting activities that week, Wilkie left the deer
heads with Robson and returned to Alberta in time to start his big game
hunt on November 17, 1998. He held licenses to hunt both whitetail and
mule deer but according to his later statements did not see anything
of sufficient size to consider taking. He completed his hunt in Alberta
with two unused tags, which he then sent back to Robson in Rosetown,
Saskatchewan.
On Feb.
19, 1999 Jeffery Robson delivered four deer heads to a taxidermist in
Edmonton, Alberta. The person to whom they were presented is a professional
and noted for his quality work with trophy mounts. The Saskatchewan
export permit produced by Robson at the time accounted for only two
heads; the remaining two were unaccounted for. This posed a problem
to the taxidermist who asked for documentation on the other two. Put
on the spot to explain the two trophies for which no export permit was
obtained, Robson produced a photocopy of Wilkie's license and the two
tags sent to him for that purpose. Unfortunately for him he had failed
to consider that these unused tags were not altered to affix to an animal
and would not pass the scrutiny of a legitimate taxidermist. However,
feeling confident that this clever conspiracy with Wilkie would baffle
authorities, he left the animals with the taxidermist and returned to
Saskatchewan.
As it
turned out he misjudged both the integrity of the taxidermist and the
tenacity of the conservation officers who took on the investigation,
in particular, Officer Chris Watson. Working backwards from the initial
information provided at this point, Officer Watson, with the assistance
of other officers and members of the Special Investigations Section,
began to unravel the trail of evidence left by Wilkie and Robson.
Working
with the taxidermist, Officer Watson was in a position to determine
when Wilkie intended to return to retrieve the four heads and was waiting
for him with an arrest warrant when he did. Wilkie was arrested and
charged with one count of being in illegal possession of wildlife for
each of the two heads under the Wildlife Act of Alberta. He was
also charged with one count of unlawful inter-provincial transport of
wildlife and one count of providing a false and misleading statement
under the provisions of WAPPRIITA.
In total,
18 months of effort went into unraveling the conspiracy entered into
by these two individuals and the laying of those charges. It required
interviewing and re-interviewing all parties who played a role, whether
part of the illegal act or not. As is usually the case, "statement facts"
provided at the time of the initial exchanges could not be taken at
face value but required confirmation by checking against "known facts"
derived from documents and verified situations. This process involved
authorities in two provinces and one state and crossed inter-provincial
and international boundaries.
The complexity
of this type of investigation poses unique problems in bringing violators
to justice. The main players, Dean Wilkie and Jeffrey Robson, could
not be compelled to appear in an Alberta court to deal with the matter.
This situation occurs more and more frequently as the world shrinks
and requires exercising alternatives and liberal doses of diplomacy
to convince the accused that it is in his or her best interests to deal
with the matter. Ultimately both Wilkie and Robson received the necessary
legal documents and were convinced to deal with the charges.
On Oct.
5, 1999 Jeffrey Robson appeared before provincial court Judge Chisholm
in Edmonton. He plead guilty to one count of illegal possession under
Section 54(1) of the Wildlife Act of Alberta and was fined $2,500.
He also plead guilty to unlawfully transporting wildlife under WAPPRIITA
and fined $7,000. The two other counts, one of illegal possession and
one of providing a false statement, were withdrawn. In addition Judge
Chisholm utilized the provisions of Section 22(6) of WAPPRIITA to place
conditions on Robson in relation to his hunting activities. He is to
report any and all information respecting personal harvest of, and possession
of, any big game species to authorities in Saskatchewan for three years
from the date of conviction. He is also required to contact enforcement
personnel in both Saskatchewan and Alberta before initiating any import
or export of any fish or wildlife for the same period of time.
Almost
one year to the day later, on Oct. 4, 2000, Dean Wilkie appeared in
provincial court in Edmonton before Judge J.C. Spence and entered a
guilty plea in relation to one count of unlawfully transporting wildlife
under Section 7(2) of WAPPRIITA. Three other charges in relation to
the traffic, possession and transport of the heads were withdrawn. He
paid a fine of $5,000 in relation to the single conviction and was also
assessed further conditions in relation to his hunting activities in
Alberta. He is required to notify authorities seven days prior to entering
this province for the purpose of hunting or coming into possession of
big game. He is also required to provide, in writing, the duration of
his hunt, the identity of anyone outfitting and guiding him and any
licenses or permits required. These conditions are also in effect for
three years.Alberta in
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