Conviction stands for Calgarian caught in undercover bear hunting investigation in Alaska

The details of Operation Bruin read like a mob bust: an undercover investigation, eight agencies in the U.S. and Canada, and a plea deal that led to five Albertans facing charges.

But the offences involve illegal bear hunting in Alaska.

In 2016, one of those Albertans, Jason John Clemett of Calgary, was found guilty of importing the head and hide of an Alaskan brown bear he had killed illegally. He was fined more than $13,000, ordered to forfeit his trophy and banned from hunting in the province for a year. 

Now, for a second time, Clemett's bid to have his conviction overturned or penalties reconsidered has been rejected. Alberta Court of Appeal Justice Peter Martin made the ruling last week. The penalties will now be imposed.

• Calgary man fined nearly $15K and banned from hunting for 1 year for importing bear carcass

At trial, Clemett argued there was no proof beyond a reasonable doubt the bear he killed was taken with the use of bait. The judge rejected that argument.

"The facts in this case are compelling, if not overwhelming," wrote Martin, who called the conviction "unassailable."

Justice Martin's decision and documents filed online by American authorities, including Ron Martin's plea deal, provide a look at the bear hunt business in Alaska. 

Dog food and grease used as bait

In that state, hunting black bears "over bait" — where typically dog food or meat, combined with restaurant grease is used to lure the animals — is allowed in the spring. Hunters who aren't from Alaska must be accompanied by a licensed guide. 

Brown bears are endangered and only a restricted number can be killed each year by hunters with a proper licence.

Shooting them "over bait" is strictly prohibited, although Justice Martin noted that "remarkably" the law doesn't completely ban the killing of brown bears in baited areas. Instead, in cases where hunters are charged, the state must prove the bear was responding to the bait, rather than just passing by.

Clemett first hunted for bear in Alaska in 2010, when he hired Ron Martin, whom the judge described as a "corrupt but licensed guide."

At the time, Clemett had no idea that Martin — no relation to Justice Martin — was the target of an undercover investigation into corrupt hunting practices. 

Clemett brought bear head, hide to Alberta

That year, Clemett used dog food and jugs of grease to bait the animals and managed to shoot a brown bear. But despite trying to follow the injured animal's blood trail, he was unsuccessful in tracking it down.

In October 2011, Clemett returned to Alaska and once again hired Martin.

This time, he shot and killed a brown bear in the baited area. Clemett took the head and hide of the animal and hid its remains under some branches. Despite his efforts, state troopers found the carcass days later.

Ron Martin helped the Alberta hunter falsify the registration permit report, lying about where the animal was killed, which allowed Clemett to return to his home province with the head and hide of the illegally hunted brown bear. 

On Oct. 14, 2011, Clemett used a private chartered jet to bring his trophy back to Alberta.

Plea deal struck

In 2013, after he'd been arrested, Martin made a plea deal with local prosecutors and turned over the names of some of his customers, which identified about a dozen Albertans, whom he'd helped with illegal hunts.

The next year, five Albertans were charged, including Clemett, who faced offences under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.

The joint Canada/U.S. wildlife investigation involved eight agencies: the U.S. Fish and Wildlife Service, Alaska Wildlife Troopers, Environment Canada Wildlife Enforcement, Yukon Conservation Officer Service, Alberta Fish and Wildlife, Parks Canada, British Columbia Conservation Officer Service, and the Public Prosecution Service of Canada.

In his plea, Martin admitted to 17 illegal hunts — 13 involving brown and black bears — where he would would falsify documents so that his clients could bring their trophies home.

Martin was sentenced to four years probation and a $40,000 US fine.