R v General País/Territorio Canadá Tipo de la corte Nacional - corte inferior Fecha Apr 16, 2007 Fuente UNEP, InforMEA Nombre del tribunal Provincial Court of British Columbia Idioma Inglés Materia Especies silvestres y ecosistemas Resumen The defendant plead guilty to charges pertaining to unlawful trafficking and possession of wildlife, or parts thereof, violating regulations of the Wildlife Act of British Columbia, in particular with reference to the wings and feathers of bald eagles. Among these charges, is a specific case of being in possession of wildlife or wildlife parts without an authorized permit issued under the Wildlife Act near a border crossing with the United States at Surrey, British Columbia with the intention of crossing that border. There has been a long undercover investigation into illegal poaching and trafficking of bald eagle parts for commercial purposes due to the known fact that a market for such exists, including those who participate in the international pow-wow circuit (a pow-wow is a traditional gathering among North American indigenous peoples). The defendant has attended multiple pow-wows, where he also came into contact with the undercover officer. The defendant was intending to attend further pow-wows, also in the United States. At the Chilliwack pow-wow the undercover officers observed how the defendant purchased two pairs of bald eagle wings from another associate. These were stored and hidden in the defendant's vehicle. When the defendant was asked by the undercover operator how he was planning to transport these materials into the United States without a permit, the defendant said that he would be able to hide them. A search of the defendant's belongings upon arrest at the Canadian-US border crossing, produced 25 tail feathers, 81 wing feathers, and a bag of plume feathers, all associated to bald eagles. Judgement: The Court reasoned that although the defendant is an active member of the wider indigenous Indian community and did not act with criminal intent and commercial interest, but rather for personal use based on tradition, a sentence to deter others must be imposed. The Court pointed out that the defendant's remorse, early plea, and determination to reflect his community's reverence for the natural world and its abhorrence for this kind of conduct to younger generation in the community, have been taken into account in the judgement. Texto completo Canada-8.pdf Página web www.unodc.org