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| Release Date: |
September 17, 2009 |
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| Offence Date: |
October 2007 |
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| Item: |
Illegal guiding and outfitting |
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| Description: |
The main subject of the investigation,
Jamie McCutchin, had an extensive record
of prosecutions for Wildlife Act and
Migratory Birds Act related violations.
At the time of the investigation
McCutchin was suspended from waterfowl
hunting and from guiding activities.
Credible information suggested that
Jamie McCutchin was conducting guiding
and outfitting activities for his father
Dennis McCutchin while suspended. It
was also reported that he was assisting
clients to violate migratory game bird
regulations by taking more than the
daily limit of migratory birds,
specifically ducks.
In October 2007 a joint forces
investigation was conducted where two
American undercover operators were
brought in to participate in a three day
waterfowl hunt with McCutchin Outfitters
out of Brandon. Through participating
in this hunt with the McCutchins,
officers were able to determine numerous
violations of the Wildlife Act and the
Migratory Bird Convention Act and
associated regulations by both of the
McCutchins and two previously unknown
American hunters who were hunting at the
same time as the investigation occurred.
Jamie D. MCCUTCHIN was charged with:
• Four counts – section 10(3) Migratory
Birds Regulation – possess waterfowl
taken by anther person without a tag.
• Four counts – section 5(a) Migratory
Birds convention Act – unlawfully
possess a migratory bird.
• One count – section 11(1) Migratory
Birds Regulation – possess a migratory
bird without a fully feathered wing
attached.
J. McCutchin pleaded guilty to a total
of five counts and received a fine of
$15,000.00 plus $2,260.00 in costs; a
ten year suspension for waterfowl
hunting or guiding and one day imprisonment.
• Two counts – section 51 Wildlife Act –
guide without a license.
McCutchin plead guilty to one count and
received a fine of $8,000.00 plus
$1,202.00 in court costs and a five year
hunting and guiding suspension.
McCutchin was also ordered to pay
$1,400.00 restitution jointly with
Dennis McCutchin to the province for the
fees paid to McCutchin outfitting by the
undercover operators for the hunt.
Total penalty and costs to Jamie
McCutchin - $26,462.00.
Dennis E. MCCUTCHIN was charged with:
• Two counts - section 10(3) Migratory
Birds Regulation – possess waterfowl
taken by anther person without a tag.
• Two counts - section 5(a) Migratory
Birds convention Act – unlawfully
possess a migratory bird.
• One count – section 11(1) Migratory
Birds Regulation – possess a migratory
bird without a fully feathered wing
attached.
D. McCutchin pleaded guilty to a total
of three counts and received a fine of
$5,000.00 and a one year suspension for
waterfowl hunting.
• One count – section 10 The Hunting
Guides Regulation – fail to report a
violation.
• One count – section 7(1) The Hunting
Guides Regulation – hunt while guiding.
• One count – section 9(1) The Hunting
Guides Regulation – use a firearm while
guiding.
• One count – section 10.1 The Hunting
Guides Regulation – by advising a hunter
to continue to hunt after reaching the
daily bag limit.
D. McCutchin pleaded guilty to two
counts and received a fine of $800.00
and a one year suspension for hunting
and guiding. McCutchin was also ordered
to pay $1,400.00 restitution jointly
with Jamie McCutchin to the province for
the fees paid to McCutchin outfitting by
the undercover operators for the hunt.
Total penalty and costs to Dennis
McCutchin - $5,800.00.
Roger OHL was charged with:
• One count - section 11(1) Migratory
Birds Regulation – possess a migratory
bird without a fully feathered wing
attached.
• One count - section 9 Migratory Birds
Regulation – exceed daily bag limit.
• One count – section 15(1)(c) Migratory
Birds Regulation – hunt with the use of
recorded calls.
R. Ohl pleaded guilty to two counts and
received a $1,500.00 fine and was
suspended from waterfowl hunting for one
year.
David OHL was charged with:
• Two counts - section 11(1) Migratory
Birds Regulation – possess a migratory
bird without a fully feathered wing
attached.
• One count – section 15(1)(c) Migratory
Birds Regulation – hunt with the use of
recorded calls.
D. Ohl pleaded guilty to two counts and
received a $1,750.00 fine and was
suspended from waterfowl hunting for one
year.
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