$4000.00 - Thunder Bay

[Jaaska]

Thunder Bay Courthouse - Inside Edition
9 hrs ·

Moose Hunter Fined $4,000 for Shooting Down Road

April 24, 2018

A Brampton man has been fined $4,000 as a result of an unlawful moose hunt.

Luigi Latini pleaded guilty and was fined $4,000 for discharging a firearm on a travelled roadway.

Court heard that on October 14, 2017, a conservation officer contacted several hunters as they were hanging a harvested moose at a resort in Ignace. As a result of the inspection, the officer determined that Latini had shot the moose. Further investigation revealed that Latini was a member of a hunting party that was moose hunting on Roper Road, in Wildlife Management Unit 15A near Ignace. Latini was travelling in an off-road vehicle on Roper Road when he observed a bull moose. He stopped, exited the vehicle and fired his rifle at the moose while both he and the moose were on the edge of the road. The moose was later harvested and tagged by another member of the party.

The moose was forfeited to the Crown and donated to charity.

Justice of the Peace Denette Maslach heard the case in the Ontario Court of Justice, Ignace, on April 10, 2018.

The public is reminded that it is illegal and unsafe to shoot from, down or across public roads, including forest access roads.

 

[freddyfour]

Interesting, I wonder what kind of road he was on? There are a lot of older guys that hunt on the logging road that I use to get into the bush, often sitting in chairs. I always wondered if the CO's would consider that a travelled road?

 

[fraserdw]

Interesting, I wonder what kind of road he was on? There are a lot of older guys that hunt on the logging road that I use to get into the bush, often sitting in chairs. I always wondered if the CO's would consider that a travelled road?

Google maps show it as a hard surface two lane dirt road, greyish in colour in summer.

 

[cooey43]

I taught the Hunter Ed Course for 20 yrs. & always had a hard time ,,,, " properly & completely" ,,,, explaining which roads you can shoot from . The regs. are there ,,,, but very complicated . Different areas matter , whether the road is maintained by any government service matters , which game season matters ,
shooting across or along the edge matters. Anyway , not easy to figure it out by most hunters. Then add the customs of many hunters in certain areas
doing it a certain way , for years , which may be illegal but never seen by a CO . Then 1 day a CO sees it and somebody gets charged .
I have seen CO's most eager to charge , than give a warning to 1st. time offenders , especially when it appears that the hunter did honestly believe
he was doing it right . I think the regs in shooting along roads need more clarity . Example : bush roads , logging roads , unmaintained roads .

 

[JACKSMYDOG]

Google maps show it as a hard surface two lane dirt road, greyish in colour in summer.

What is a hard surface dirt road?

 

[FLHTCUI]

What is a hard surface dirt road?

The same hard packed dirt road the General Lee could do a burnout on while funnin from the Law.
Rob

 

[madtrapper143]

My local C.O. uses this definition of a "road" "if you can travel in or out on it someone else can too" meaning it could be unsafe to shoot from the road. This of course is no where in legislation or regulation just a threshold they are hoping will become accepted by the court. There seems to be a lot of C.O. interpretation of wildlife and hunting regulations like this in Ontario. Well prepared court cases on both sides will eventually support or debunk these ideas.

Darryl

 

[Slamfire]

Couldn't wait for the Moose to step off the road?

In Alberta, road definition is clear as it pertains to hunting.

http://albertaregulations.ca/huntingregs/genregs.html

It is unlawful to -

discharge a firearm from or cause a projectile from a firearm to pass along or across:

9. a) a provincial highway (this designation applies to all former primary and secondary highways),

b) a road that is paved, oiled, graded or regularly maintained, unless
- the road is held under any active disposition under the Public Lands Act or under an order under the Surface Rights Act, or
- the person is hunting game birds with a shotgun under the authority of a licence.

Note: if there is no identifiable ditch or fence to mark the outside edge of the roadway, then the roadway extends 20 feet from the edge of the traveled portion.


Could be elevated to a criminal charge, careless use of a firearm, at the discretion of the Crown -

http://laws-lois.justice.gc.ca/eng/acts/C-46/page-20.html

86 (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

 

[Ironheart]

Unless the CO seen him shoot the moose on a travelled road then there is no case.....this is absurd and should definitely be appealed 100% by the accused.....the CO based his charges off pure speculation by the sounds of things

 

[Slamfire]

Depends on what evidence the Crown used against the accused. Could have been by admission.

 

[fraserdw]

What is a hard surface dirt road?

Around here it is a road that is neither chip seal or asphalt but the surface is hard and solid gravel in most weather. Now I spent 34 in the infantry and the artillery, I am not a road engineer. So if I use an incorrect term is a descriptive I am sorry.

 

[Slamfire]

In NS the regulation seems less stringent compared to AB ?

p.81: https://novascotia.ca/natr/hunt/pdf/SummaryBooklet_Sept7.pdf

6. No person shall at any time discharge any weapon:
• within or across the travelled portion of any highway, or within
30 m of the boundary of any highway;

Wonder how they define highway?

 

[fraserdw]

In NS the regulation seems less stringent compared to AB ?

p.81: https://novascotia.ca/natr/hunt/pdf/SummaryBooklet_Sept7.pdf

6. No person shall at any time discharge any weapon:
• within or across the travelled portion of any highway, or within
30 m of the boundary of any highway;

Wonder how they define highway?

Same as NB any provincial cared-for road, whether it is numbered or not (but 99.9% are now numbered). Irving has similar rules on their logging roads on their leased and private lands.

 

[Slamfire]

Similar to oil and gas lease roads in Alberta which are dispositions under the Surface Rights Act. Seems these might not be within the jurisdiction of the Wildlife Act as it pertains to discharging firearms (?).

 

[fraserdw]

Similar to oil and gas lease roads in Alberta. Seems these might not be within the jurisdiction of the Wildlife Act (?).

Depends on your definition of wildlife management. In NB anyplace where wildlife live or pass through is a "resort of wildlife" and thus regulated but I suspect that corporate leases like emphasis the point for employee safety. Those roads are workplaces for woods workers and truck drivers, something city hunters may not understand.

 

[Slamfire]

Private roads so the companies have their own rules. But never acceptable to mess with safety for which there are statutes and civil proceedings to deal with that.

 

[shoota]

In NS the regulation seems less stringent compared to AB ?

p.81: https://novascotia.ca/natr/hunt/pdf/SummaryBooklet_Sept7.pdf

6. No person shall at any time discharge any weapon:
• within or across the travelled portion of any highway, or within
30 m of the boundary of any highway;

Wonder how they define highway?

I have always assumed in NS that it was any maintained road, ie. Does it get plowed in the winter?

 

[Slamfire]

That's the pitfalls of legislation, the courts don't change the wording they only interpret it.

 

[bigplinker]

Moral of the story? Keep your ####ing mouth shut.

 

[judge329]

X2 thays what we do.

Moral of the story? Keep your ####ing mouth shut.