Some thinhorn sheep in the Yukon. (Submitted photo/Government of Yukon)

Some thinhorn sheep in the Yukon. (Submitted photo/Government of Yukon)

Experts butt heads in court, hunter loses case for return of ram

Despite expert testimony, judgement says ram probably underage

Despite providing an expert witness, a B.C. hunter lost an appeal to have the ram he shot returned to him after it was confiscated during an inspection.

The debate was all about age of the ram. Mackenzie Crawford shot a thinhorn mountain sheep, believing it to be full-curl, or a ram over eight years of age, as required by law. However, during a compulsory inspection the ram was deemed to be around seven years of age and was confiscated.

ALSO READ: Peninsula crime fighters need more volunteers

Crawford was hunting for the sheep, also know as a Stone’s sheep, in 2016, near Crehan Creek in Omineca-Peace, northern B.C.

In a BC provincial court in Kamloops, Crawford was supported by Dr. Valerius Geist, an expert with over 60 years of experience, who was convinced the sheep was over 9 years old.

The disagreement stems from how Stone’s sheep ages are estimated.

Hunting regulations formed to meet the requirements of the Wildlife Act 1996, look for “true horn annuli,” which in layman’s terms means a full set of curled horns. Much like the rings of a tree, a series of gnarled horn sections can demonstrate how many years the ram has been alive. The question is: does each sheep produce a full section every year or do environmental factors slow or speed the growth of the sections?

Geist holds a PhD in Zoology, and has decades of experience studying populations of thinhorn sheep, which produced four books. Now retired, he formerly taught at the University of Calgary for 27 years and mentored BC Fish and Wildlife employees in correctly aging sheep.

ALSO READ: Guns could use smartphone-style fingerprint locks in near future

In court, Geist said there are significant differences between populations of high mountain sheep and lower level groups, due to food abundance and other factors, such as fertilizer pollution. Additionally, he opined that in this specific case the ram had lost 6 to 7 inches of early horn growth due to “brooming,” or parts of the horn snapping off due to wear and tear.

Geist said the ram was from a northern population known for low body and horn growth and, like a person’s shoe size, using statistical averages was irrelevant in judging the age of sheep. He gave data examples showing rams with 13 inches of difference in their horn growth.

William Jex, a Regional Wildlife Biologist with the Ministry of Forests, Lands, Natural Resource Operations & Rural Development was called as the Crown’s witness. Holding a diploma, he is a Registered Professional Biologist, with many years experience and is the province’s lead on thinhorn sheep and manages inspectors.

The court observed of Jex, “He said that in his professional view the Crawford ram had seven annuli [horn sections] and that was the extent of it. He was firm in his opinion that the Crawford ram was under eight years when it was taken.”

ALSO READ: Victoria hits top three in B.C.’s rattiest cities

Jex cited his department’s use of more modern studies, tooth age analysis and X-rays, although the judge noted he had no formal training in interpreting X-rays. He did provide extensive data sets and graphs from his department’s records and reported the plaintiff had not submitted an incisor tooth for analysis, failing to add to the required burden of proof.

The final judgement said it was “not a straight-forward exercise” due to the experts’ profound disagreements but ruled against Crawford, stating the failure to submit the incisor tooth had added to the judge’s view he had not established “on a balance of probabilities” the ram was eight years old.



nick.murray@peninsulanewsreview.com

Like us on Facebook and follow us on Twitter

Just Posted

There were 255 babies born in Victoria in May 2021. (Black Press Media file photo)
Pandemic baby boom makes for a busier Vancouver Island Father’s Day

Victoria’s 255 babies born in May up almost 10 per cent over last year

North Saanich is in the process of revising its tree protection bylaw. The proposed changes have drawn much public interest and criticism, as council heard this week during their special meeting on the matter. (Courtesy District of North Saanich)
Revisions to tree protection bylaw in North Saanich face cutting criticism

Councillors to take up issue again in August after staff summarize massive public feedback

Wanted man Michael Bruce was arrested Wednesday in Langford. (Black Press Media file photo)
West Shore RCMP find wanted man hiding under mattress

Michael Bruce had multiple warrants out for his arrest in Sooke and the West Shore

Sooke Fire Rescue firefighters evacuate an injured hiker on Mount Manuel Quimper in March 2021. Sooke will soon be moving to a new fire dispatch service. (Facebook – Sooke Fire Rescue)
Proposed fire dispatch deal could save Sooke thousands of dollars

New dispatch needed after Langford drops out of CRD service

Brooke Morneau, a previous participant in car parades, will watch one she has organized for this weekend from her Sidney workplace. (Courtesy Brooke Morneau)
Rolling show and shine ready to cruise Sidney through Saanich

Car parade past senior care homes set for Saturday, June 19

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

(Black Press Media file photo)
POLL: When was the last time you visited the mainland?

The films are again lighting the screens at local theatres, the wine… Continue reading

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of June 15

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

BC Ferries’ newest Island Class vessel is experiencing an issue with one of its thrusters off the Algerian coast. Photo courtesy patbaywebcam.com.
BC Ferries newest vessel having mechanical issues in Mediterranean

Island 4 will be repaired in Spain before crossing Atlantic

A vial containing the Moderna COVID-19 vaccine is shown at a vaccination site in Marcq en Baroeul, outside Lille, northern France, Saturday, March 20, 2021. THE CANADIAN PRESS/AP/Michel Spingler
mRNA vaccines ‘preferred’ for all Canadians, including as 2nd dose after AstraZeneca: NACI

New recommendations prioritizes Pfizer, Moderna in almost all cases

Surrey Mayor Doug McCallum speaks at a press conference in August 2019 about provincial government approval of the city’s change to a municipal force, joined by councillors (from left) Mandeep Nagra, Allison Patton and Doug Elford. Members of the National Police Federation claim there is still no transition plan in place although Surrey RCMP’s contract with the city is due to end March 31.(File photo)
Elections BC approves petition application for referendum on Surrey policing transition

Application was filed under Recall and Initiative Act by the widow of a Surrey murder victim

Queen’s counsel Paul Doroshenko, a Vancouver lawyer, has been suspended from practice for two months after admitting that his firm mismanaged $44,353.19 in client trust funds. (Acumen Law)
High-profile B.C. lawyer suspended over $44K in mismanaged client trust funds

Queen’s counsel Paul Doroshenko admits to failing to supervise his staff and find, report the shortage

House Majority Whip James Clyburn, D-S.C., center left, reaches over to Rep. Maxine Waters, D-Calif., joined by Speaker of the House Nancy Pelosi, D-Calif., center, and members of the Congressional Black Caucus as they celebrate the Juneteenth National Independence Day Act that creates a new federal holiday to commemorate June 19, 1865, when Union soldiers brought the news of freedom to enslaved Black people after the Civil War, at the Capitol in Washington, Thursday, June 17, 2021. It’s the first new federal holiday since Martin Luther King Jr. Day was created in 1983. (AP Photo/J. Scott Applewhite)
Biden to sign bill making Juneteenth a federal holiday

New American stat marks the nation’s end of slavery

Kimberly Bussiere and other laid-off employees of Casino Nanaimo have launched a class-action lawsuit against the Great Canadian Gaming Corporation. (Chris Bush/News Bulletin)
B.C. casino workers laid off during pandemic launch class-action lawsuit

Notice of civil claim filed in Supreme Court of B.C. in Nanaimo against Great Canadian Gaming

Most Read