What do you do with trespassers?

Joe549 said:
The fact that he went through gates and had to open at least one should be enough to tell him that he is tresspassing on private property.
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I agree. And the fact that he purposely avoided the gates on the road (due to being posted) then went to OTHER gates to get through, to me means that he knows the law perfectly fine, and is just one of those *******s looking for loop-holes to tresspass.
 
it was one thing for him to be tresspassing and shooting deer on land he had no permission to be on.the fact he/they were opening gates and driving a pickup all over your field is even worse.as farmers/ranchers it really frosts our nuts when people do this crap but do we really want to rock the boat too much.we have machinery/fences/animals around different areas(lots of times unprotected).have him charged and he takes it apon himself to seek revenge.cattle start getting shot,machinery/fences get damaged etc. give him the benefit of doubt but make it clear he is no longer to be seen on/around any of your property.most likely he knew what he was doing was wrong but figured it was a risk he was willing to take.he did end up with a deer and nothing more than a warning.we have hunters doing this all the time around our area.it even states in our hunting regulations that permission is need to hunt any culivated land.it even gives a description of what is classified as such.there is no need for this kind of crap as it gives all hunters a bad name.
 
the spank said:
From the holder of the license who harvested the deer. I have seen it happen here in Ontario when some guys took a moose they did not shoot while the person who shot it went to get the rest of the party to tag the moose while they were party hunting. The guys figured a moose laying there in the bush without a tag was free for the taking but the fellow who shot it placed a piece of paper with his name on it inside the moose's mouth and when he told the C.O to open the mouth and he would find it in there the c.O did and charged the other fellows with theft.
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It does not belong to the person who harvested it, because it was unlawfully hunted.
 
Yes ignorance isn't a good excuse but im going to be honest i trespassed once when fishing. I however thought rather foolishly that it was just part of the road allowance down to the creek. When the landowner confronted me i realized how i was wrong apologized packed my sheet up and left. It probably helped that when he caught me i had my arms filled with garbage that has been left down there and was taking it out with me ( not mine but it was a brookie creek aside from just being the right thing to do). He was pleasant enough to me.

My point is that while ignorance isn't a good excuse sometimes you are just wrong when you think you are right. Not everybody has a GPS or Smartphone.

Not that any of that applies to the OP , clearly buddy just when aroudn the property until he found somewhere that he could pretend was unposted. It would be like going into a woodlot in between the red dots on trees and think that part was unposted IMO.
 
Out of respect for the owner, even though he has givin me permission to hunt on his land now for many years, I still call him before and after every hunt that involves his land. I usually let him know if I had seen anything that might jeopordize his livestock like coyotes or wolves, etc. A friendly coversation goes a long ways and builds years of trust and respect for each party.
 
These guys who want farms to hunt on should buy their own. I would not drive through your gate to hunt without you knowing I was there, even if it was not posted. I don't expect to get shot for asking, and while I have been declined, I have.also been pleasantly surprised.
 
While some are honest mistakes, here in southwestern Ontario it is pretty hard to be hunting someplace by "accident". As a land owner I have heard such excuses as "my uncle said he has permission to hunt here" , "the fellow on the side road said we could hunt here", and my favorite "I fought in the war and this is a free country and I can hunt where I want". Usually the mere threat of phoning the authorities gets them moving. .Hardly anybody in our area puts up no trespassing signs, because legaly you have to have permission to enter any private property (page 24 MNR regs.) and almost all of S.W. ON is in this position
 
That does not make it illegally hunted! It means they trespassed! Whether it was taken by legal means would be up to the CO to determine and lay charges and the court to decide the outcome. What they did was trespass, yes they harvested a deer where they never acquired permission to go but since where they were hunting was NOT posted from where they accessed the property, there is a significant grey area. I am not condoning what they did. The best way to deal with the situation is call the CO's in and let them straighten it out. If the deer was harvested illegally by the definitions they use to enforce the laws then it is up to them to seize it, not the property owner. He does not have legal title to it just because it was on his land!
 
Seems like a simple solution to the original posters problem would be to buy and post 2 more signs.

Why go through all the trouble? Just asking. Are signs that expensive?

CS45
 
Asking permission is a simple courtesy and what most land owners want. Do you want some one wandering around your back yard perhaps harvesting your garden etc? People like to know what is going on concerning their property; particularly a working farm for far too many very obvious reasons to go into. Old story concerning the uncle's farm. The farmers on here will appreciate it. A group of hunters drove onto a pasture next to the house and were met by Art (about 85 at that time) who informed them they were on private property. They blew him off. Fair enough. Some time passes and my uncle shows up and is informed of the situation. He decides that it is time to get out the 'honey wagon' and spread the field with fresh pig manure. The vehicle's windows happened to be open as well. Well it was a working farm and **** happens as they say. Private property is what it is.... private. Not a tough concept to grasp really.
 
In the province of Sask., trespassing falls under several acts, Wildlife Act, Trespass Act, ATV act to name a few. The final test of these acts is when someone has been charged and goes to court. When a charge under one of these acts reaches the Supreme Court of Canada it has passed the final test. The section below is from a case in Saskatchewan where 3 natives were charged with trespassing. They were found guilty of trespassing on land that was not posted.

The Supreme Court of Canada has made it very clear, that private land is just that, private. They have made it very clear that it does not have to be posted. If you enter private land you do so at the risk of being charged.

The case refers to a trespassing case that went before the Supreme Court. This Supreme Court made it very clear that private land is just that, private, and there is no need to post it. A person enters unposted land at their own risk.[/B][QUOTE[17] In R. v. Horse, CanLII 91 (SCC), 1 S.C.R. 187, the Supreme Court of Canada held in the interpretation of a similarly worded section which was the predecessor of section 41, that the right of access was restricted and is subject to the common law of trespassing. The court held that the statute reinforces the restriction to enter on private lands and makes it abundantly clear that the failure to post the land is not sufficient to imply consent to enter on the land or to imply a right of access. The court further held that hunters, whether they be treaty Indians or otherwise, enter private property with no greater rights than other trespassers. The absence of signs prohibiting hunting is not, without more, implied consent for a hunter to enter on the land for the purpose of hunting. There must be evidence of permission, either expressed or implied, before a right of access to hunt on private land exists. There is no right of access in the absence of such permission or consent from the owner or occupier. The right to hunt food is unrestricted on land to which treaty Indians have a right of access as described in Mousseau.
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the spank said:
That does not make it illegally hunted! It means they trespassed! ..... What they did was trespass, yes they harvested a deer where they never acquired permission to go but since where they were hunting was NOT posted from where they accessed the property, there is a significant grey area. I am not condoning what they did.....
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Oh yes you are! ;)

Silly me! I always thought going on somebody else's property and taking game without the landlords consent is called "poaching". I just learned it is not poaching at all, but "Harvesting" and a grey area of law!
 
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