It seems that some people are neglecting to read the disclaimers that appear in almost every provinces hunting guides.They specifically state that the guide is not a copy of the actual hunting regulations,yet some people insist that they should be able to learn every aspect of every law from the hunting guide.Yes the guides may not be as precise as they could be,and they may not cover every single detail,but then again they were never meant to replace the game act.Treat them as they are intended,as a guide,and if you have doubts refer to that provinces actual wildlife act.If you are still confused,contact the provinces Wildlife division for clarification before making assumptions as to what the laws are.
Hunting guides are not the Wildlife acts
- Thread starter stubblejumper
- Start date
- Location
- Back in the Peace Country
Excellent point Stubble !
Theoretically true Stubblejumper. But I have heard that when you stand before a judge and it is explained that a fellow tryed to follow the "guide" as best he could but went afowl of the "act", the judge has shook his head and said " The hunter is given a free guide to help him stay within the law and it does not clearly explain the situation?" Then the fellow gets off or is given a minimum token fine.
Robin in Rocky
Robin in Rocky
There is no doubt that a situation such as you describe may have happened on occasion,but I certainly would not expect to have charges dismissed due to an obvious misprint in the guide or someone trying to twist the wording to create a legal technicality when the rules are quite obvious to the average person.
There was a misprint dealing with the general mule deer season a few years back and an incorrect wmu was listed under the general mule deer season.Signs were erected in the wmu involved,and notices were posted at the license vendors stating the correct regulations for that wmu.People that tried to use their general mule deer tag in that wmu that was actually a draw wmu were charged and convicted.
And even though people may have been given a token fine,a conviction may in many cases include a mandatory suspension,which to most hunters is worse than any fine normally handed out.
I do personally know of a non trophy sheephunter that shot a yearling ram by mistake and turned himself in.The judge was sympathetic and assessed the minimum fine,but he was required to assess the mandatory hunting suspension.
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As far as the wildlife "act" goes I don't know what more you would need to know that is not covered in the free regulations that you get when you buy your license?
With your above Mule deer misprint example I am not sure how the "act" has anything to do with that example as the seasons vary year to year anyways?
Do they change the act every season?
With your above Mule deer misprint example I am not sure how the "act" has anything to do with that example as the seasons vary year to year anyways?
Do they change the act every season?
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Some people apparently aren't able to comprehend the free guide,and find themselves confused after reading it.The Wildlife act does provide more precise explanations for some of the regulations.
The act states that you must follow the seasons and bag limits set forth by the province.A misprint in the guide may not represent the actual season or bag limit.And in some provinces,the season do not change from year to year.
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- Location
- Back in the Peace Country
2) Notwithstanding subsection (1), a person hunting big game for which there is an open archery, muzzle-loading firearm or shotgun season established pursuant to The Open Seasons Game Regulations may wear camouflage or other clothing.
The "rifle" seasons mentioned on pages 13 through 17 of the Saskatchewan hunting guide are not archery, muzzle-loading firearm or shotgun seasons,so this regulation does not apply to them.
But thanks for being the perfect example in proving my point that some people just don't seem to be able to comprehend the hunting regulations as listed in the hunting guide.
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- Location
- Back in the Peace Country
Though I have already found the correct answer from the correct source, there are many combinations of all those methods mentioned above.
Regulation offences are, here in BC and Ontario and probably some other provinces, strict liability offences. That means once the offending action is proved by the Crown, your only defence is that you took reasonable care in not breaking the law. Notice that intent has nothing to do with it.
Naturally what constitutes "reasonable care" will be determined by the facts of the situation. For example, in BC the minister publishes a page of "errors and omissions" on their web site. These are also usually available at all minister of environment offices. You would be wise to check that info before you go out on a hunt.
Naturally what constitutes "reasonable care" will be determined by the facts of the situation. For example, in BC the minister publishes a page of "errors and omissions" on their web site. These are also usually available at all minister of environment offices. You would be wise to check that info before you go out on a hunt.
- Location
- Back in the Peace Country
done editing yet?
droid1963
CGN Ultra frequent flyer
Not hunting related, but a good case of "fighting city hall" and winning...
I got a parking ticket for being within 20 feet of a pedestrian crosswalk. I was parked immediately under a sign indicating that parking was permitted between the hours of x and y. All the judge needed was a photo, and my argument that the average Joe only had the information at hand (the parking sign), and not the minutiae of the bylaws, to dismiss the ticket.
My point is that if the hunter is only given the guide, and not the entire set of regulations, then he can only base his decisions on the information he has. If the guide is wrong or incomplete, whose fault is that?
On another unrelated note, when you buy an airline ticket, there's a page of "legalese" that talks about your, and the airline's, responsibilities and rights. This is a synopsis of the contract you are entering into with the airline when you buy a ticket. The actual contract is something like 42 pages thick. I wonder what the booking agent would do if you asked for a copy, to see what you were agreeing to?
I got a parking ticket for being within 20 feet of a pedestrian crosswalk. I was parked immediately under a sign indicating that parking was permitted between the hours of x and y. All the judge needed was a photo, and my argument that the average Joe only had the information at hand (the parking sign), and not the minutiae of the bylaws, to dismiss the ticket.
My point is that if the hunter is only given the guide, and not the entire set of regulations, then he can only base his decisions on the information he has. If the guide is wrong or incomplete, whose fault is that?
On another unrelated note, when you buy an airline ticket, there's a page of "legalese" that talks about your, and the airline's, responsibilities and rights. This is a synopsis of the contract you are entering into with the airline when you buy a ticket. The actual contract is something like 42 pages thick. I wonder what the booking agent would do if you asked for a copy, to see what you were agreeing to?
Although this thread is not restricted to the question of wearing colours durring a rifle season it seems to have grown out of a discussion on that topic.
I hunt both MZ and rifle season and wear dull or camo when using the MZ but make it a point to wear colours when afield durring regular rifle. It is not that I am afraid someone will shoot me thinking I am a deer but I do like the fact that the approved colours make it much more likely I will be seen and possible wayward shots avoided. Similarly I have used a decoy when hunting pronghorn durring MZ season but would not think of hiding behind a decoy when centerfire season is open.
I hunt both MZ and rifle season and wear dull or camo when using the MZ but make it a point to wear colours when afield durring regular rifle. It is not that I am afraid someone will shoot me thinking I am a deer but I do like the fact that the approved colours make it much more likely I will be seen and possible wayward shots avoided. Similarly I have used a decoy when hunting pronghorn durring MZ season but would not think of hiding behind a decoy when centerfire season is open.
