http://www.whitehorsestar.com/...w-they-were-in-yukon


Hunters said they didn’t know they were in Yukon

A territorial court judge has sentenced two British Columbia men to pay fines totalling $7,500 each.

By Stephanie Waddell on June 1, 2015


A territorial court judge has sentenced two British Columbia men to pay fines totalling $7,500 each.

Judge Karen Ruddy also banned each from hunting in the Yukon for five years after the two entered guilty pleas on charges from a hunt that dates back more than a decade.

Ruddy handed down the sentence Friday after hearing a joint submission from Crown prosecutor Ludovic Gouallier and defence lawyer Nicolas Weigelt, who attended the hearing via conference call from B.C.

Scott MacKenzie and Michael Makasoff were convicted of crossing the border into the Yukon during a 2002 Dall sheep hunt, where they harvested two sheep for their efforts in 2002.

As the court heard, and Ruddy agreed, neither MacKenzie nor Makasoff realized they had crossed the B.C. border – where they could legally hunt – into the Yukon.

They have accepted responsibility for not having the proper maps on-hand and ensuring they remained in northern B.C.

However, it was a lack of due diligence rather than an intentional breach of the law, Gouallier said in presenting the joint submission to the court.

He reviewed the case, saying it was three years ago in 2012 that Yukon conservation officers became aware of the reported illegal hunt.

An extensive investigation followed involving Environment Canada, due to the cross-jurisdictional nature of the case.

Flights to the kill site along with photographic evidence taken from the website of MacKenzie’s outfitting company helped confirmed the kill site is 14 kilometres into the Yukon from around the Atlin, B.C. area.

As the court also heard, the two men had been flown to northern B.C. from the Yukon.

They were advised by the pilot, however, that they would have better luck on their hunt by heading a bit further west.

At the time, neither was familiar with northern B.C. and did not realize that would put them inside the Yukon, where they killed two Dall sheep.

“Unfortunately, they did not have proper maps,” Weigelt stated, stressing that both his clients are “highly remorseful.”

They were shocked to learn they had shot the sheep in the Yukon.

“They are very embarrassed,” Weigelt said.

Along with the lack of intent, a number of mitigating circumstances were highlighted by the lawyers and in Ruddy’s decision.

They include the guilty pleas which helped avoid what could have been a complex trial and the noted remorse each has for the situation.

It was also pointed out that neither MacKenzie nor Makasoff have a major history with the justice system.

Ruddy gave MacKenzie and Makasoff 60 days to pay the fines.

Along with the hunting ban, both are also prohibited for five years from seeking any export permits from the territory and any permits under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.

MacKenzie’s outfitting business, however, can continue to seek permits under the act.

They were also ordered to forfeit the Dall sheep mounts from that hunt.

Why do these clowns only get a slap on the wrist? "they didn't have the proper maps". This wreaks of bull fecal matter. Its great they are being caught,but they should not be allowed to hunt anywhere in Canada.

What's the statute of limitations on game laws such as this up there? Three or seven years usually blocks such prosecution regardless of the violation.
This doesn't sound right to me. IF they contested the conviction I'd bet it would be thrown out as too old a case.

That's not agreeing they were not wrong. No excuse for not knowing where you're at and not having maps.

George