Volume I

Issue : 2: July 24, 2003

• CryptoLogic Subsidiary Settles Cross-Border On-line Patent Dispute
• U.S. Court of Appeals Formulates Test For Website Operator Liability
• Newfoundlander Convicted of Trafficking in Moose Antlers On the Internet
• Australian Court Grants Damages For Invasion of Privacy In Landmark Case
• Secondary Disclosure of Subscribers Personal Information Contravenes PIPEDA
• Ontario Company Launches Suit Against ICANN Over the Wait List Service
• U.S. Federal Court of Appeals Refuses Jurisdiction Over Semi-Interactive Website
• Music Industry Subpoenas ISP Investigates Users At University
• P2P: Survey Released & Proposed U.S. Legislation With Criminal Provisions
• Original Registrant Losses Acrobat.ca

Home > Volume I > Issue 2: July 24, 2003 > Newfoundlander Convicted of Trafficking in Moose Antlers On the Internet

Newfoundlander Convicted of Trafficking in Moose Antlers On the Internet

In the recent case of R. v. Hiscock, the Provincial Court of Newfoundland and Labrador found Mr. Hiscock of Corner Brook, Newfoundland to be guilty of trafficking in a big game animal or parts thereof under section 45(1) of the Wild Life Regulations, O.C. 96-809 ("WLR").

Mr. Hiscock had posted an advertisement for the sale of a set of moose antlers on the e-bay website. When the bidding for the antlers had closed, Mr. Hiscock contacted the successful bidder (known by the Internet code name "Dieselredrod") to request shipping instructions. Shortly thereafter, Mr. Hiscock was charged by a Conservation Officer with committing an offence under s. 45 of the WLR. At the time the information was laid, Mr. Hiscock had accepted Dieselredrod's bid, but had not yet shipped the antlers, nor received payment from Dieselredrod.

The primary issue before the Court in this case was whether Mr. Hiscock's attempt to sell moose antlers on the Internet constituted "trafficking" within the meaning of s. 45 of the WLR. In considering various dictionary definitions of the word "traffic", and the decision in R. v. Gould, [2003] N.J. No. 7 where it was determined that the word "traffic" means the commercial exchange of big game, Mr. Justice Gorman of the Provincial Court of Newfoundland and Labrador concluded that "trafficking" in the context of the WLR does not require a completed sale and could include simply "agreeing to sell a prohibited item to another person, having commercial dealings or engaging in the business of bartering or buying or selling." On the facts, he found that Mr. Hiscock had gone well beyond merely preparing to sell moose antlers and, in fact, had entered into and agreed upon a commercial transaction with Dieselredrod. Consequently, Mr. Hiscock had "trafficked" in moose antlers in violation of section 45(1)(a) of the WLR.

For a copy of the case, visit:

http://www.canlii.org/nl/cas/nlpc/2003/2003nlpc10019.html