Can I accompany someone while they're hunting?

bearkilr said:
Don't be a smart ass, I know what it is. My point was that if I'm just following without a gun or license, I'm still hunting as per the regulations that Waterfowler posted.

But I'm sure you knew that, however felt like adding childish sarcasm anyhow.
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You don't know what you are talking about. Call the MNR and ask them yourself. They will tell you the same thing. Tagging along watching or "hanging out" is not hunting.
 
Underthegun said:
Here is the deal. It is illegal to have someone accompany you on a hunt without a liscence because technically they are hunting too. But it all comes down to the discretion of the CO. And whether or not he believes that you are simply a mere bystander.
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Here is the deal......you are wrong.
 
jackpine said:
The pursuance of fish and game species is clearly explained in any hunting summary as such that you are considered to be pursuing your intended prey using a vehicle be it a car, truck, ATV, snowmobile,boat motorized or not, and even a bicycle. It matters not at all what your preference may be. You are also considered to be pursuing game even if only with a camera and hiking poles. Should you be carrying a knife, the length of the blade and configuration all come into play here.You would have to present a very convincing story as to why you were seen to be following a deer's tracks for example or had a radio or cell phone communication with others in your group or not.
Now let's say for example that a C.O. discovered you and a companion taking a breather in the woods and the situation turned very obviously amorous by the C.O.'s observations and clearly your actions were not that of pursuing any wild game species, and so, well, define "wild" here as it pertains to this context only and you likely will not be asked for anything other than if your or your partner's actions were consensual. I say this not to be a smart ass but to simply clarify one point here. In many cases when you see a C.O. he is likely accompanied by a member of the Prov. Police which has been a standard practice for quite some time now as the police are there as a back-up to the C.O. as C.O.'s for many years were not taken seriously by many hunters. I know this for a fact as I have personally heard some hunters while all liquored up to imply "if they were caught doing anything illegal by a C.O., that C.O. would just disappear".
Hey not my words.
This is the clear response to the C.O's actually having more powers than the police to detain and arrest you in most provinces.
I would never condone such a mindset either verbally or otherwise. NEVER!
But C.O.'s DO in fact encounter individuals with such a disregard for his fellow man or woman and many have in the past taken to physical exchanges and worst case scenarios, doing the unthinkable with the officers. No bull, no exaggerations. Just fact!
Drunken or stoned hunters or fishers can be some of the most dangerous of offenders. Then there are the poachers who illegally sell fish and game on the black market.
Do you really think they will come along peacefully when ordered to do so by a C.O.? If you do, please GET REAL!
This is just one reason why conservation officers can be perceived as heartless, but I for one would not want their job for twice their pay!
I personally have witnessed the violence that comes with the job.
Mutual respect goes a long way here.
Take my word for it.
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You are wrong.....I have enforced the FWCA in Ontario and know several CO's on a personal level in my area. To point out one glaring error in your post.....CO's do not have more powers than police to detain or arrest in Ontario. The "powers" or authority a law enforcement officer has comes from the Act they are enforcing, not the position they hold. Police can enforce the FWCA in Ontario which means they have the same powers or authority as a CO does with regards to the Act.
 
Once again, here is the wording of the regulation....

“hunting” includes,
(a) lying in wait for, searching for, being on the trail of, pursuing, chasing or shooting at wildlife, whether or not the wildlife is killed, injured, captured or harassed, or
(b) capturing or harassing wildlife,
except that “hunting” does not include,
(c) trapping, or
(d) lying in wait for, searching for, being on the trail of or pursuing wildlife for a purpose other than attempting to kill, injure, capture or harass it, unless the wildlife is killed, injured, captured or harassed as a result,

If you are an observer you are not the one killing or causing it to be killed....the hunter is doing that, you are an observer.
 
I would guess the law is written the way it is to allow hunters to bring a kid, a friend or a spouse as an introduction. But also prevent inexperienced people from driving bushes as an unfair advantage for the game as well as safety issues.
 
bearkilr said:
So that basically means it's up to the discretion of the game warden whether he wants to charge you or not, because when I read this:

“hunting” includes,
(a) lying in wait for, searching for, being on the trail of, pursuing, chasing or shooting at wildlife, whether or not the wildlife is killed, injured, captured or harassed, or
(b) capturing or harassing wildlife,
except that “hunting” does not include,
(c) trapping, or
(d) lying in wait for, searching for, being on the trail of or pursuing wildlife for a purpose other than attempting to kill, injure, capture or harass it, unless the wildlife is killed, injured, captured or harassed as a result,

....that means if I'm following a friend down a deer trail who's following a track and he shoots a deer, I can be charged.
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I disagree. Your friend is following you. You're the one stalking/hunting the animal. What you can't do is have your friend drive around a marsh while you wait on the other side.
 
Well it must have been amended since the time 28 years ago i spoke to a C.o. in northern Ont. because he himself told me the likelihood of being charged as such was high but possibly because it would have been in the direct and immediate presence of a hunter. that's the distinction I was trying to make I think.
the other issue of who has the greater powers to detain and arrest was told to me by a senior O.P.P. and a hopeless alcoholic so i guess i must stand corrected on that. I mean why would a bush cop tell me that he, an O.P.P. officer had fewer powers than a C.O. enforcing the fish and game act? Maybe because he was drunk on and off duty.
thanks.
 
Maybe things have changed since then. Or maybe he didn't know what he was talking about.

A LEO gets their powers and authorities from the act or statutes they enforce, not by way of their position.
 
Ar180shooter said:
I disagree. Your friend is following you. You're the one stalking/hunting the animal. What you can't do is have your friend drive around a marsh while you wait on the other side.
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I'm not saying you will be charged and any reasonable CO, which most are, will use discretion. What I'm saying is that as the law reads, you could be charged.
 
bearkilr said:
I'm not saying you will be charged and any reasonable CO, which most are, will use discretion. What I'm saying is that as the law reads, you could be charged.
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No, the way the law reads, you and your friend are not breaking the law. Mind you, this has not stopped over zealous cops/co's before, but if you live your life based on what one out to lunch cop might do, you'll lead a miserable, fear filled life. You could also say the same thing about taking an unlicensed person shooting, but I doubt anyone here would recommend you don't introduce someone new to the shooting sports because a cop might not know the regulations. My experience has been generally positive with police in regards to firearms. The ones that don't know much about firearms laws were inquisitive and interested in learning. Mind you, these situations were all ones where I was not the "party of interest", just a witness/bystander.
 
here it is, from one of my retired C.O. buddy's. Not Jack, but another buddy. This is for MB, not sure about elsewhere in the country:

Hi there on a crappy weather morning. There is a heated discussion going on in a chat site. We need a professional opinion. The question is:

Can someone without a hunting lic and has no rifle with him accompany a licensed hunter with a rifle while hunting for big game?

Legal, illegal, grey area or?

>Some say it's ok to be there but not help in the hunt, no pushing bush, no spotting, no calling etc.
>Other's say No way, they "could" be helping and would get nailed for hunting without a lic..
>Some say it's ok if they are only there to see what hunting is all about and help gut the animal and help carry out the meat.

 What ya think?

His reply:

Last response is correct. You don,t need a licence to accompany a hunter. You cannot wonder away from him, or push bush. You can assist in dressing out/hauling out the carcass. If you are suspended from owning/possessing guns, you can still buy a licence and asist in a hunt, and tag an animal as a party hunter.
 
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and for $19.00

Initiation Licence
Effective April 1, 2013, the new Initiation Hunting Licence for first time hunters aged 18 or older will be in effect. The requirements to complete CORE and to hold a Hunter Number Card are waived for this one-time-only licence.

It is anticipated the new licence will be available at Service BC locations and local vendors no later than March 20, 2013.

The initiation hunting licence is a new type of mentoring licence that allows a person 18 years or older who has never previously held a hunting licence in B.C. to try hunting for a one-year period. It is a one-time-only licence.

Government is introducing the new licence at $19.00 ($15.00 licence fee plus $4.00 Habitat Conservation Trust Foundation surcharge).

To be eligible for the initiation hunting licence, a person:

must be a B.C. resident,
must be 18 years or older,
must not have held a B.C. hunting licence in the past, with the exception of a youth (junior) hunting licence, and
must be under the close personal supervision of a licensed adult who satisfies the qualifications to be a supervising hunter.
 
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