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Two men facing Wildlife Act charges sue Saskatchewan gov't
REGINA -- Two men facing Wildlife Act charges are suing the provincial government and three government employees after a press release sent out last month said the men had received hefty fines — even though in actuality they had yet to enter a plea to the charges.
Lyle Helland and Brian Bardal, both from the Assiniboia area, were two of four men charged late last spring for alleged illegal hunting activities, the result of a lengthy investigation by conservation officers.
At the time of the charges being laid, a Saskatchewan Environment spokesman said the four men had been investigated as the result of public complaints, which involved alleged poaching of trophy white-tailed and mule deer antlers.
On Feb. 9, Saskatchewan Environment issued a news release to a number of media outlets — including the Leader-Post — stating that Helland and Bardal had pleaded guilty to Wildlife Act charges at Assiniboia Provincial Court and were subsequently fined a combined $36,400. Details from that news release were made public by a number of media outlets, both within and outside Saskatchewan.
The problem was Helland and Bardal had not actually pleaded guilty and therefore had not received any penalty. According to their statement of claim filed in Regina on Tuesday, both men continue to face the Wildlife Act and Wildlife Regulations charges — Helland 14 and Bardal seven — and intend to plead not guilty when they appear in Assiniboia court Thursday.
The claim, which contains information that hasn’t been proven in court, contends Helland and Bardal suffered blows to their reputations through the erroneous news release that they say made them out to be “criminals,” “untrustworthy,” and “dishonest.” They further claim the news release breached their Charter right to be presumed innocent until proven guilty in court.
“We do not understand how people can be convicted without even having pled, so now in substance in the court of public opinion, they’re already convicted …,” said Kevin Mellor, lawyer for the men on both the civil and Wildlife Act matters, on Wednesday. “My clients have materially suffered as a result of that mistake.”
Mellor called this type of situation “highly unusual.”
A Saskatchewan Environment spokesperson was contacted but said the department isn’t commenting at this time.
The men are asking for $120,000 each in general and punitive damages, as well as pre-judgment interest, legal costs and any other remedy the court may find fit.
hpolischuk@leaderpost.canwest.com
Two men facing Wildlife Act charges sue Saskatchewan gov't
REGINA -- Two men facing Wildlife Act charges are suing the provincial government and three government employees after a press release sent out last month said the men had received hefty fines — even though in actuality they had yet to enter a plea to the charges.
Lyle Helland and Brian Bardal, both from the Assiniboia area, were two of four men charged late last spring for alleged illegal hunting activities, the result of a lengthy investigation by conservation officers.
At the time of the charges being laid, a Saskatchewan Environment spokesman said the four men had been investigated as the result of public complaints, which involved alleged poaching of trophy white-tailed and mule deer antlers.
On Feb. 9, Saskatchewan Environment issued a news release to a number of media outlets — including the Leader-Post — stating that Helland and Bardal had pleaded guilty to Wildlife Act charges at Assiniboia Provincial Court and were subsequently fined a combined $36,400. Details from that news release were made public by a number of media outlets, both within and outside Saskatchewan.
The problem was Helland and Bardal had not actually pleaded guilty and therefore had not received any penalty. According to their statement of claim filed in Regina on Tuesday, both men continue to face the Wildlife Act and Wildlife Regulations charges — Helland 14 and Bardal seven — and intend to plead not guilty when they appear in Assiniboia court Thursday.
The claim, which contains information that hasn’t been proven in court, contends Helland and Bardal suffered blows to their reputations through the erroneous news release that they say made them out to be “criminals,” “untrustworthy,” and “dishonest.” They further claim the news release breached their Charter right to be presumed innocent until proven guilty in court.
“We do not understand how people can be convicted without even having pled, so now in substance in the court of public opinion, they’re already convicted …,” said Kevin Mellor, lawyer for the men on both the civil and Wildlife Act matters, on Wednesday. “My clients have materially suffered as a result of that mistake.”
Mellor called this type of situation “highly unusual.”
A Saskatchewan Environment spokesperson was contacted but said the department isn’t commenting at this time.
The men are asking for $120,000 each in general and punitive damages, as well as pre-judgment interest, legal costs and any other remedy the court may find fit.
hpolischuk@leaderpost.canwest.com
