Hunting from a river surrounded by private land in Ontario

[vviking]

Learning a fair bit on this thread, Gent's.

Looks to me, the best bet, if one must use a nagivable waterway(granting full respect to any landowners on route), to arrive at that place where one does have permission to hunt.
Then a sincere attempt to gain permission to cross any private property on the way to that hunting spot, seems like the right thing to do.

 

[Colin]

Very true.

Generally the legal test is whether or not the waterway is navigable for "trade", but I have read court cases where a judge has ruled that even a lake was "non navigable" Figgure that one out.

Very good book on the subject is "Survey Law In Canada" by Issac De Rikki. He is both an Ontario Land Surveyor, and a Lawyer, and was a professor at Erindale Campus of U of T, Survey Sciences course.

Not anymore, there is case law that speaks to recreational boating and hence the reason why the Act applies to so many creeks.

http://www.ontariostreams.on.ca/PDF/GLSFC/2%20-%20Barry%20Putt%20-%20Navigable%20Waters%20Act.pdf

 

[sbchapman]

Here is a really interesting case that was decided upon last year in Ontario. It describes the test used by the judge to determine whether the river was navigable


http://canlii.ca/t/2fv1b

 

[Waterfowler]

In Ontario I believe you have to ask if they say no then the mnr comes out and they have a choice to do it them selves or let you and mnr do it!!But that could be all bull to!

MNR cannot force a land owner to go and retrieve game or allow someone to retrieve game from their property.

 

[trevj]

MNR cannot force a land owner to go and retrieve game or allow someone to retrieve game from their property.

Maybe not, but if I am understanding the powers of the CO's in general, the MNR guy has the ability to retrieve the game himself. That may or may not take quite a while.

My anecdotal understanding of this scenario (calling a CO to retrieve game off private property) is that it leaves you looking at a ticket for failure to retrieve, as you were supposed to, as a responsible hunter, ensure that you don't shoot anything that will die where you can't get it. No I don't have case law for that, it is, simply enough, one of those things I try to keep in mind when I choose a hunting spot. Excrement eventuates, and it's better to plan for the prevention of possibilities rather than to have a plan for what to have to do after the fact.

SK hunting regs are really clear, with this scenario actually described in them. Was, when I was hunting there, in any case. The case in AB was... still a Court date.

Strange as it may seem, landowners have been getting actual rights entrenched in law, more and more in the last few years. Can't see the trend reversing, and really can see enough complaints from landowners resulting in changes being made that will close off area to access.

Cheers
Trev

 

[sbchapman]

Entry on private land
94. A conservation officer acting under this Act may enter private land and may authorize any other person acting under his or her direction to enter private land, with or without the officer, for the purpose of assisting the officer. 1997, c. 41, s. 94.
http://www.canlii.org/en/on/laws/stat/so-1997-c-41/latest/so-1997-c-41.html

 

[Waterfowler]

"acting under this act"......

No where in the FWCA does it speak of a CO assisting someone in retrieving downed game from private property.

Now a CO MAY attend and try to help you get permission but if the landowner still says no, you are beat. And the landowner cannot be charged for allowing game to spoil.