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      • Criminal Defence
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    • Civil Disputes
    • Resources
      • Your Rights
      • FAQs
      • Glossary of Legal Terms
    • ABOUT LUKE
Whitehorse Law
  • Home
  • Criminal Defence
    • Criminal Defence
    • Traffic Ticket Defence
    • Firearms Offences
    • Assault & Domestic Charge
    • Drug Offences
    • Theft, Fraud and Property
    • Wildlife Charges
    • Youth Offences
  • Civil Disputes
  • Resources
    • Your Rights
    • FAQs
    • Glossary of Legal Terms
  • ABOUT LUKE

Wildlife charge defence

 

The Yukon offers wildlife viewing and harvesting opportunities unavailable anywhere else on the planet Earth.  


In order to preserve these opportunities, Yukon’s wildlife laws provide for broad protection from illegal hunting and other adverse human behaviour. 

Common offences against Yukon wildlife:

  • hunting out of season
  • hunting a protected species
  • hunting animals of a protected sex (usually female)
  • obtaining a Yukon resident hunting license despite not being a Yukon resident   
  • making a false statement on a hunting license application or harvest report 
  • making false or misleading statements to law enforcement  
  • transporting wildlife without the necessary permit
  • wasting edible meat 
  • hunting too close to a residence

Grab interest

Conservation Officers (“COs”) employed by the Government of Yukon enforce Yukon’s wildlife laws. Yukon’s laws give COs vast powers to investigate wildlife offences, which include but are not limited to: 

  • Powers to stop vehicles or persons carrying a pack; 
  • Powers to search property, including vehicles and buildings; 
  • Powers to ask questions about hunting (with a corresponding duty on the suspect to answer the questions)  


COs also have access to powerful forensic tools that they deploy to:

  • Test the DNA of seized animal parts to confirm its species and sex
  • Test seized firearms and other equipment
  • Determine the precise locations of harvest sites 

Some provinces and territories in Canada have agreements with Yukon to share hunting application data to determine where a suspect has previously declared themselves to be a resident. 


Yukon COs are also trained and experienced in deploying a range of psychological techniques and tactics to induce people suspected of wildlife offences to give legally damaging statements to the CO. They may downplay the seriousness of the situation and mislead you about their true objectives (which the law allows them to do). If you have not yet been charged and COs are contacting you and asking you for details about your hunting or possession of wildlife, you are in immediate danger of incriminating yourself and you need legal advice from a lawyer before speaking with the COs. 


If you have been charged with a hunting offence or other offence involving wildlife, you may need a lawyer with experience defending those charges. 

Consequences

To preserve Yukon’s wildlife, the law provides for a very broad menu of sentencing options, including: 

  • Jail (reserved for the most serious and unrepentant repeat offenders)
  • Fines with maximums in the $50,000 range for individuals
  • Hunting bans; (no maximum length of hunting suspension is provided for) 
  • Mandatory hunter training before a hunting suspension is lifted
  • Donations to Yukon’s anti-poaching fund

Another practical negative consequence of being found guilty of a Yukon wildlife/ hunting offence is that the details of the offence will likely be published in Yukon media, leading to stigma and embarrassment of being branded a “poacher”. 

How a Yukon Wildlife Lawyer Can Help

Multiple statutes and precedent cases will govern the result of any Yukon wildlife prosecution. Defending a Yukon wildlife charge usually requires knowledge of the following laws: 

  • Wildlife Act
  • Wildlife Regulation 
  • Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act
  • Summary Convictions Act
  • Criminal Code of Canada
  • Evidence Act
  • R v Candow
  • R v Ensor
  • R v Rice 

Luke Faught at Whitehorse Law is a Yukon wildlife lawyer that puts his legal and practical  knowledge to work for his clients. Luke is an experienced Yukon hunter and firearms owner. This perspective benefits his clients charged with hunting offences. He has successfully represented numerous individuals charged with a range of Yukon hunting offences since he came to the Yukon Territory in 2018. 

Luke published an article in Alberta Outdoorsmen on hunters’ rights to be free from harassment, which you can read here. 

Why Work With Us

Straight Talk. Strategic Action.

Luke Faught is a Yukon criminal defence lawyer based out of Whitehorse, operating under the business name - Whitehorse Law. His approach to defending his clients follows a straightforward philosophy: Your rights are not optional. 


Luke has the skills, education and experience to give you a powerful legal defence. Let him put them to work for you. 

Phone / Text:   (867) 689-4570 

Email: luke@whitehorselaw.ca


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