Unlawful importation of threatened cacti species in British Columbia leads to house arrest

May 26, 2022 – Victoria, British Columbia – Environment and Climate Change Canada

Enforcing Canadian environmental and wildlife laws is one important way that Environment and Climate Change Canada (ECCC) is taking action to protect wildlife and nature. 

On November 19, 2021, Kyle Cheyne pleaded guilty in the Provincial Court of British Columbia in Victoria to two counts of unlawfully importing multiple species of cacti from Germany without obtaining the required permits. This was in contravention of subsection 6(2) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA).

Mr. Cheyne was sentenced to a five-month jail sentence, to be served in the community by way of Conditional Sentence Order. The conditions included house arrest for one month, twenty hours of community service, a requirement to stay in BC for the duration of the sentence, and a requirement to report regularly to a Court‑designated supervisor. Mr. Cheyne was also banned from seeking permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), subsection 10(1) of WAPPRIITA, for a period of two years. In addition, the Court ordered him to forfeit the seized plants to the Crown.

ECCC enforcement officers often work in collaboration with other federal departments and provincial and territorial partners to enforce Canadian environmental and wildlife laws. On November 13, 2019, the Victoria Police Department informed ECCC wildlife enforcement officers that a package containing twenty‑seven live cactus plants (Cactaceae) had been shipped to a company associated with Mr. Cheyne. A Canadian Food Inspection Agency inspector later identified the cacti species as plants listed under CITES.

On December 1, 2020, Mr. Cheyne was charged by indictment with importing CITES-listed plants without the required permits, contrary to subsection 6(2) of WAPPRIITA. Mr. Cheyne imported twelve Appendix I species and fifteen Appendix II species of cacti. By purchasing the cacti with the purpose of using and potentially selling them, Mr. Cheyne contributed to and encouraged the buying and selling of rare species of cacti.

Quick facts

• In determining Mr. Cheyne’s sentence, the judge recognized the environmental impacts of the November 2021 BC flooding event, emphasizing the importance of protecting our shared environment, the diversity of species, and wildlife populations.
• The entire Cactus family, which includes over 2,000 species, is included in CITES Appendix II, with a number of the most endangered species listed in Appendix I. Cacti populations are suffering because of their horticultural desirability, which has led to them being illegally collected and traded internationally. Many cultures enjoy these spiky species for their economic, societal, and ecological significance. They are used as food for humans and animals; for shelter and construction materials; and in producing traditional medicines, drugs, oils, and cosmetics. There is a persistent demand for species collected from the wild, which, along with increasing habitat destruction, continues to threaten wild populations.
• Species covered by CITES are listed in one of three appendices according to how threatened they are by international trade. Appendix I species are considered rare or endangered, while Appendix II species could become rare or endangered if trade is not controlled.
• CITES is an international treaty that protects endangered and threatened species of animals and plants from overexploitation by regulating their international trade. More than 180 countries, including Canada, have signed the Convention.
• WAPPRIITA is the legislation that implements CITES in Canada.

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