I think what you have presented is a far question and debate, and the court stuff could go either way as we know how well the courts are in Canada.
Ethically, If I don't recover the deer it is not mine to tag. If I recover it but can't retrieve it until morning, I tag it, it critters get it before me than I am SOL and recover what I can for whatever I can use it for (food, bait, dog food, etc).
FYI, I am a trapper so the use of an animals carcass by natures predators and scavengers just seems natural to me. Most of my beaver feed hungry birds, wolves and other scavengers. Its just natures way.