What are the fish cops allowed to do?

I read quite a bit of the act. Seems like there's a lot of grey area. What constitutes reasonable and probable grounds. Denying a search definitely isn't reasonable grounds. I don't think wearing camo and having a quad in the back of your truck means your breaking the law.

I did read the part that states they're only allowed to inspect your firearm in the interest of public safety and only if it's in plain site.

Same goes for animals.
 
Don't forget they also have powers under the federal act, they can do a lot more than police:

Powers of peace officers

(4) For the purposes of this Act and the regulations, wildlife officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons.
Marginal note:Exemptions for law enforcement activities

(5) For the purpose of investigations and other law enforcement activities under this Act, the Minister may, on any terms and conditions the Minister considers necessary, exempt wildlife officers who are carrying out duties or functions under this Act, and persons acting under their direction and control, from the application of any provision of this Act or the regulations.
Marginal note:Obstruction

(6) When a wildlife officer or an analyst is carrying out duties or functions under this Act or the regulations, no person shall

(a) knowingly make any false or misleading statement either orally or in writing to the wildlife officer or analyst; or

(b) otherwise wilfully obstruct the wildlife officer or analyst.

R.S., 1985, c. W-9, s. 11; 1994, c. 23, s. 13; 2009, c. 14, s. 42.

Previous Version
Marginal note:Inspections

11.1 (1) For the purpose of ensuring compliance with this Act and the regulations, a wildlife officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the officer believes, on reasonable grounds, there is any thing to which this Act or the regulations apply or any document relating to the administration of this Act or the regulations, and the wildlife officer may

(a) open or cause to be opened any container that the wildlife officer believes, on reasonable grounds, contains any such thing or document;

(b) inspect the thing and take samples free of charge;

(c) require any person to produce the document for inspection or copying, in whole or in part; and

(d) seize any thing by means of or in relation to which the wildlife officer believes, on reasonable grounds, this Act or the regulations have been contravened or that the wildlife officer believes, on reasonable grounds, will provide evidence of a contravention.
Marginal note:Analysts

(1.1) An analyst may, for the purposes of this Act, accompany a wildlife officer who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the wildlife officer, enter the place and exercise any of the powers described in paragraphs (1)(a) and (b).
Marginal note:Conveyance

(2) For the purposes of carrying out the inspection, the wildlife officer may stop a conveyance or direct that it be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where the inspection can be carried out.
Marginal note:Dwelling-place

(3) The wildlife officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.
Marginal note:Warrant

(4) Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that

(a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place,

(b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and

(c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,

the justice may issue a warrant authorizing the wildlife officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.

1994, c. 23, s. 13; 2009, c. 14, s. 43.

Previous Version
Marginal note:Right of passage

11.11 While carrying out duties or functions under this Act, wildlife officers and analysts, and any persons accompanying them, may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

2009, c. 14, s. 44.

Marginal note:Assistance

11.12 The owner or person in charge of a place being inspected under section 11.1, and every person found in the place, shall

(a) give the wildlife officer or analyst all reasonable assistance to enable the wildlife officer or analyst to carry out their duties or functions under this Act; and

(b) provide the wildlife officer or analyst with any information with respect to the administration of this Act that he or she may reasonably require.

2009, c. 14, s. 44.

Marginal note:Immunity

11.13 Wildlife officers, analysts and persons acting under a wildlife officer’s direction and control are not personally liable for anything they do or omit to do in good faith under this Act.

2009, c. 14, s. 44.

Marginal note:Search and seizure without warrant

11.2 For the purpose of ensuring compliance with this Act and the regulations, a wildlife officer may exercise the powers of search and seizure provided in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be feasible to obtain the warrant.

http://laws-lois.justice.gc.ca/eng/acts/W-9/page-2.html#docCont

Shawn
 
IIRC game wardens, wildlife officers or whatever they may be referred to as in their respective province or territory are NOT "peace officers" by definition in regards to some federal acts including the Criminal Code and the Firearms act. They can be "designated" peace officers for some sections of the Fisheries act and other acts related to their line of work. Having said that trying to protect your rights by by lawfully not cooperating with them will only bring you grief. Last year in our camp a CO dropped by and asked every guy in the camp what make and calibre of rifle we were each hunting with. We were in camp, all guns secured and stored and no one "hunting" by definition of the Fish and Wildlife act. We did not have to give up this info. BUT had we not the guy would have been all over us the rest of the week. It's not right but sometimes standing by your rights hurts a lot. It is interesting to note that in Shawn's post wildlife officers are not PERSONALLY liable for anything they do or omit to do while acting in "good faith". As all police officers know that no longer applies to them. A few officers have lost homes over acting in "good faith".

Darryl
 
I read quite a bit of the act. Seems like there's a lot of grey area. What constitutes reasonable and probable grounds. Denying a search definitely isn't reasonable grounds. I don't think wearing camo and having a quad in the back of your truck means your breaking the law.

I did read the part that states they're only allowed to inspect your firearm in the interest of public safety and only if it's in plain site.

Same goes for animals.

Wearing camo and a atv in the back of the truck might be enough to suspect the person and or vehicle of a common outdoor activity that may or may not include hunting or fishing.
A stop in the bush side or road and asking several questions is all that is needed .
So, for example, they do have the authority to ask for proof of ownership of that atv in the truck, insurance and depending on province that safety equipment is being worn.
Then it becomes a fishing trip.
They can write paper till the cows come home but it takes a court of law to convict.
And if you really wanna get them excited ''just sate you do not consent''.
Its Tuesday morning after ...
Rob
 
Wearing camo and a atv in the back of the truck might be enough to suspect the person and or vehicle of a common outdoor activity that may or may not include hunting or fishing.
A stop in the bush side or road and asking several questions is all that is needed .
So, for example, they do have the authority to ask for proof of ownership of that atv in the truck, insurance and depending on province that safety equipment is being worn.
Then it becomes a fishing trip.
They can write paper till the cows come home but it takes a court of law to convict.
And if you really wanna get them excited ''just sate you do not consent''.
Its Tuesday morning after ...
Rob

Reasonable and probable grounds that an offence has been committed...

Asking for documents such as licence registration insurance and permits is legislated under various sections of provinicial legislation outside of an offence having been committed.
 
Wearing camo and a atv in the back of the truck might be enough to suspect the person and or vehicle of a common outdoor activity that may or may not include hunting or fishing.
A stop in the bush side or road and asking several questions is all that is needed .
So, for example, they do have the authority to ask for proof of ownership of that atv in the truck, insurance and depending on province that safety equipment is being worn.
Then it becomes a fishing trip.
They can write paper till the cows come home but it takes a court of law to convict.
And if you really wanna get them excited ''just sate you do not consent''.
Its Tuesday morning after ...
Rob

Actually, if the atv is in the back of the truck, you don't need insurance, or any safety equipment, as you may have no intention of unloading or using the atv.
 
I cant remember if it was the same individual in question, but I was inspected during an ice fishing trip two winters ago. I was with my wife and three kids. I was outside with the two older ones and the wife was breast feeding our youngest one in a two man shelter. He asked for licenses etc, so I showed him and then he asked who was in the shelter. I told him my wife was in there feeding the youngster, but I guess he didn't believe me and thought we were committing some kind of crime and he somewhat barged in to the tent to find my wife there with her tit hanging out. He was pretty embarrassed and apologized several times and didn't ask any more questions. At the time I thought it was pretty funny.
 
First of all, in Alberta Fish and Wildlife and Conservation Officers are not the same.

Conservation Officers work for Alberta Parks, Fish and Wildlife enforce hunting and fishing and deal with wildlife problems.

All of them are legally Peace Officers with same rights a duties as any other cops.
So are some of the Parks Canada Wardens and of course Sheriffs, County Highway Patrol...

Fish and Wildlife Officers could give you speeding tickets but would never bother. If the see dangerous driving or so, they are more likyly to talk to their RCMP colleagues on the radio.

If there is a real need, such as a very busy long weekend with a lot of stupidity going on, all law enforcement will work together. Anybody with red and blu lights on the truck will be out and who gives the ticket and makes the arrest doesn't matter much anymore.
Same goes for real emergencies such as massive wildfires ...
 
Well, it would appear with all the CGN Legal advice and opinion being bandied about this thread should have been placed in the Legalese Section.
But, with that I'm out of the arm chair debate ....
Tight Groups,
Rob
 
In short, police in BC have the same authorities to seize items under the BC wildlife act as CO do. Worth a read.
I know, the areas I hunt have regular enforcement do to some undesirables they can not get rid of.

If there is a road check there will be both as the police/rcmp for the most part know nothing about the wildlife act. With our off road vehicle registration being very new, they are busy roasting people for unregistered bikes and quads that usually end up being stolen while the CO's are checking your catch, gear and licenses. out in the woods, you will usually only see CO's in pairs
 
Last time I was checked a group of us were hunting ducks. He asked to see all the usual stuff plus a sample from each of our ammo. He checked everyone but me. After he left one of the guys turned to another, who happened to work at the MNR and asked "what is up with that? He checked everyone but The Spank!" Our buddy said "he doesn't want any part of him, he saw Spank's Metis card in the window in his wallet laying on the truck tailgate and said unh unh!! He is too much paperwork!" My other buddy was pissed and I was kind of taken aback.
 
I have been stopped by the CO's many times in Alberta usually along the main or secondary roads but occasionally way back in the sticks as well. I have had my firearms checked, my arrows, fishing/hunting license, harvested animals, tags, etc., etc. Never had any trouble or received a ticket yet but I haven't tried to break the rules either. I just answer their direct questions and show them what they want to see and it usually goes smooth and I go on my way.
 
I have been stopped by the CO's many times in Alberta usually along the main or secondary roads but occasionally way back in the sticks as well. I have had my firearms checked, my arrows, fishing/hunting license, harvested animals, tags, etc., etc. Never had any trouble or received a ticket yet but I haven't tried to break the rules either. I just answer their direct questions and show them what they want to see and it usually goes smooth and I go on my way.

Same here, even been pulled over for partial open carry of a firearm on a motorcycle during spring black bear season.

CO just checked that firearm was unloaded, I'm licensed and where I was heading to. (Chilliwack Lake Road area, but pulled over in Yarrow.)

Lnsbr7c.jpg


Treated with respect and talked about random things for a few minutes then was on my way, here is how my firearm was being transported with the stock sticking out of my pack.

KYWPlvw.jpg



Encountered CO's plenty of times and nothing but positive experiences so far
 
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