What do you do with trespassers?

the spank said:
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!
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Yes it does make it unlawfully hunted. Don't mix that up with the civil tort of trespass.

The Act states:
(2) No person shall acquire any right or property in any wildlife otherwise than in
accordance with this Act and the regulations.
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And
41(1) Where there are legible signs, of a size specified in the regulations,
prominently placed along the boundaries of any land so as to provide reasonable
notice bearing the words “No Trespassing” or «Entrée interdite», “No Hunting” or
«Défense de chasser», “No Shooting” or «Tir interdit», or words or symbols to a
similar effect, no person shall hunt any wildlife within the boundaries of that land
except with the consent of the owner or occupant.
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The boundaries were posted, only the gate was not posted.

Even if the land was not posted at all, consider the Act again (keeping in mind how many fences and gates they passed through, not to mention the cultivated land!):
(6) Where an owner or occupier of land has not erected or placed signs along the
boundaries of his or her land in accordance with subsection (1) or (2), that fact
alone:
(a) is not to be deemed to imply consent by him or her to entry on the land; or
(b) does not imply a right of access to his or her land for the purpose of
hunting.
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So those poachers did not acquire right or property in accordance with the Act. Given the fences, the gates, the cultivated land, the postings on the fence and ss 41(6)(a) and (b), there doesn't seem to be too much grey area at all.
 
It happend to me three times on my 300 ac plus hobby farm. Three occasions they were nice, they admited to their act. Each time I asked to be given back leg section of the buck as my share, I was never refused. There is no point involving the law if someone say they are sorry and does not pretend to be a big shoot. I went through the court ones for dumping garbage on my land "What a waste of time" took 15 months and the guy got $2000 fine and I still had to clean up the garbage myself. $2000 went to the crown. I should listen to they guy when he said that he will come back and clean it up before I called RCMP
 
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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Were the guys who shot the Moose trespassing? That can make a huge difference in the outcome.
 
How about go get the CO to go talk to them and give them a warning. Get the CO to tell them that you haven't made up your mind yet if you want to press charges, let them wait in suspense
 
buzz720 said:
How about go get the CO to go talk to them and give them a warning. Get the CO to tell them that you haven't made up your mind yet if you want to press charges, let them wait in suspense
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Basically what I have said from the beginning. Call in the CO's and let them deal with it, why put yourself(landowner) through the hassle or worse, maybe retribution? Let the Law enforcement officials deal with it, that is after all, they're jobs and paid for with your tax dollars, so make use of it. Simple!
 
In Alberta the land doesn't even have to be posted or fenced for that matter for it to be tresspassing, if it is private farm land one has to have permission before they can hunt.
 
tokguy said:
My gal just opened the door and put the Rotti out a couple years back, as uninvited hunters strolled through the yard.
They ran really fast
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Your lucky they did not shoot your dog...they would be in the right for it too, even if they are trespassing. I do not agree with this, but it is the truth.
 
Boomer74 said:
Sounds like you should go get that deer, and offer him a deal...

DEAL IS - he keeps the shoulder-mounted head, and you keep the meat. He also has to use his tag.

If he doesn't accept the deal, report him for trespassing & poaching your deer...
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No one OWNS any wild deer, I don't give a **** if it lives on your land or not is is not "yours"...and poaching is the act of shooting a deer without a license and tag. You will be charged with trespassing (if you were) but not poaching provided you had the tag/license.

Sorry for all the "negative" replys...the other 2 above this... but people who want to play law man and make up rules are doing the EXACT thing these people are doing claiming "they do not know". And some of you...setting your dog on someone, setting traps can and probably WILL get you in more **** then the guy who was trespassing.
 
crazydave said:
A lot of farmers leave their harrows upside down so the don't sink into the dirt, the gate just happened to be where he left them ;)
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I will quote many of you here in this thread..."ignorance of the law is no excuse".

I am NOT okay with trespassing but I am also not okay with people acting like the law man and breaking as many or more laws trying to stop or get back at that person.
 
Home3 said:
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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Will repeat this again...you do NOT own the wild animals on your land...
 
1899 said:
It does not belong to the person who harvested it, because it was unlawfully hunted.
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Bingo!!! Someone with common sense here!!!

If I witness someone stealing in a mall...can I take ownership of what they stole because they took it illegally? Nope.
 
I will quote many of you here in this thread..."ignorance of the law is no excuse".

I am NOT okay with trespassing but I am also not okay with people acting like the law man and breaking as many or more laws trying to stop or get back at that person.



I am sorry you do not approve of people protecting THE PROPERTY THEY OWN!, fact of the matter is if they don't want flat tires or a rottweiler attached to their backside they should grow the fxxk up and quit tresspassing.

If i own property and do not want people on it then maybe they should respect my wishes, after all they don't own it!
 
I am NOT saying your wrong and I too dislike trespassing...what I am saying is those actions (setting traps, setting a dog one someone) WILL get you in trouble with the law, WILL be cause to have your dog put down, WILL cost you time and money in court.
 
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