Update: Newfoundland and Labrador hunter sentenced for contravening the Migratory Birds Convention Act, 1994

August 13, 2020 – Grand Falls-Windsor, Newfoundland and Labrador – Environment and Climate Change Canada

Strong and effective enforcement of Canada’s environmental and wildlife protection laws is one of the concrete ways in which we are delivering on our commitment to providing clean air, clean water, and the conservation of wildlife species and their habitat.

On August 5, 2020, Raymond Newman was found guilty of three offences under the Migratory Birds Convention Act, 1994 after a trial in Grand Falls-Windsor provincial court. Mr. Newman was found guilty of violating paragraph 5(a) of the Act and for contravening a provision of the Migratory Birds Regulations. In addition, Mr. Newman was found guilty of failing to present a migratory game bird hunting permit at the time of inspection.

As a result, Mr. Newman was fined $15,000, which will be directed to the Government of Canada’s Environmental Damages Fund. In addition to the fine, Mr. Newman is prohibited from applying for, using, or possessing a migratory game bird permit for a period of one year. He was also ordered by the court to forfeit the seized items including a shotgun, shells, and two razorbills.

Update: On December 14, 2022, the Supreme Court in Grand Falls-Windsor allowed an appeal of the convictions and sentence requested by the defendant and the case was remitted for a new trial. On May 3, 2024, in the provincial court of Grand Falls-Windsor, Raymond Newman was found guilty of two offences under the Migratory Birds Convention Act, 1994. As a result, he was convicted of having two razorbills in his possession and for having an unplugged shotgun capable of holding more than three shells. A charge for a third offence of failing to present a migratory game bird hunting permit at the time of inspection was dropped. The court accepted the defendant’s reasons for relief from the statutory minimum penalty, imposed a $1,500 fine and ordered forfeiture of all items seized including a shotgun, ammunition and two razorbills. The fine will be directed to the Government of Canada’s Environmental Damages Fund.

In October 2019, Environment and Climate Change Canada enforcement officers conducted a migratory bird coastal patrol in Notre Dame Bay, Newfoundland and Labrador. The officers observed a boat with two individuals and hunting equipment on board. Upon inspection, enforcement officers discovered three birds and two shotguns. Two of the birds were razorbills, which are protected under the Migratory Birds Convention Act, 1994. Mr. Newman was unable to produce a migratory game bird hunting permit at the time of inspection. Additionally, one of the shotguns could hold more than three shells, which contravenes the Migratory Bird Regulations

Quick facts

• Under the Migratory Birds Convention Act, 1994, Environment and Climate Change Canada is responsible for protecting migratory birds, their nests, and eggs and for regulating potentially harmful human activities that may affect them.
• The Environmental Damages Fund is administered by Environment and Climate Change Canada. It was created in 1995 to provide a mechanism for directing funds received as a result of fines, court orders, and voluntary payments to priority projects that will benefit the environment.

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