Illegal to obstruct lawful hunters

sawatzky

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I guess somebody found out the hard way that interfering with a hunt on private property was a bad idea.

http://www.lfpress.com/2012/12/26/illegal-to-obstruct-lawful-hunters

Hunting in Ontario is not illegal, but interfering with a hunt is.

"Hunting is a legal activity and it's highly regulated, more than a lot of activities, in the province of Ontario and people should be aware of that," said Russell Brandon. "The reason it's highly regulated is to make it safe and humane for those animals and I don't believe that's always fully understood."

Brandon, the Aylmer-area enforcement manager for the Ministry of Natural Resources (MNR) confirmed a financial charge was laid against a Ridgetown resident who interfered with a lawful hunt in October.

Rob Seal and Kyle Dittmer were hunting Oct. 13, south of the Ridgetown lagoon ponds on private property when an irate woman approached them on two separate occasions scaring away a flock of geese working their decoys.

"We shot one or two geese. She didn't like that. She came flying up honking her horn and started yelling," said Seal. "She ruined any chance of harvesting the birds. No big deal, she said her piece whatever. We're going to let it slide that first time."

An hour later the woman returned, interrupting the hunt, photographing their vehicle licence plates and grabbing at the cell phone Seal was using to video the incident.

Seal can be heard advising the woman she was trespassing on private property and interfering with a legal hunt and would face charges.

The woman questioned why they felt a need to kill the birds and repeatedly told the men she'd called police to report their activities, which Seal encouraged her to do as well as contacting the MNR.

"Everybody is entitled to their opinion, whether you're against or for hunting," said Seal. "But us hunters, when we're out in a field, we have the right to be hunting."

Seal decided to press charges not out of spite but in hopes it would help educate the woman about the rights of hunters.

The Fish and Wildlife Conservation Act section 13.1 states a person shall not interfere with lawful hunting, trapping or fishing by tampering with traps, nets, bait, firearms, placing themselves in a position that hinders or prevents trapping, hunting or fishing or engages in any activity for the purpose of interfering, disturbing or is likely to disturb, wildlife or fish.

The fines can range from a warning up to $25,000 and a year in jail.

Brandon said hunting is also a resource to provide the MNR with invaluable information regarding number and location of species in Ontario.

"I would recommend that they do not themselves approach the hunter. Because the hunter may be carrying out illegal activity," said Brandon. "Generally they're not doing something illegal. Generally it's misunderstandings."

If people believe they are witnessing illegal hunts Brandon advises them to not stop the activity and get as much information as possible, relaying it to the MNR tip line at 1-877-847-7667, which is manned 24 hours a day. A conservation officer will then be dispatched to deal with the situation.

Education is the key in these situations, said Brandon.

"Hunting is definitely a tool utilized in the conservation of species in Ontario, of wildlife in Ontario," he said. "They (hunters) are a wealth of biological knowledge for the Ministry of Resources."

diana.martin@sunmedia.ca

Twitter.com/@DailyNewsDM
 
These people should be charged and fined as much as possible even jail time, then maybe they will get the picture.

I have zero sympathy for people sticking their noses in other peoples activities or business.
 
People were interfering with an organized coyote humt in the Binbrook area IIRC, earlier this year,but the MNR didn't lay charges then. Nice to see them charging people and the newspapers should put it front page.
 
I think what is important is VIDEO & AUDIO! The idiot interupting a legal hunt can lie lie lie UNLESS it's documented... I urge ALL hunters to stay calm & start recording when things like this happen. Then, ENSURE you have MNR follow up & lay charges & fines.

Cheers
Jay

People were interfering with an organized coyote humt in the Binbrook area IIRC, earlier this year,but the MNR didn't lay charges then. Nice to see them charging people and the newspapers should put it front page.
 
Here is a good one for you. What do you do when you own land and have not given permission to hunt the land and a Native decides to hunt on it in spring for geese and though you have gone out and asked him to leave your property, that he is trespassing he does not and tells you to F/O. Then you return to your home, call the MNR and Police and are told by both that neither will be responding to the call owing to the fact the person is native and it may cause a real issue? Happened to a buddy of mine and he is an retired OPP! He could not get anything done about it and it went on for weeks. The guy even had the nerve to use the gated road my buddy has on the property by accessing it from the other end where it joins a neighbouring property, parking his truck, cutting down my buddies trees and Hazel bushes to build a blind and using his deer food crop to hunt on where the geese were feeding. What is your recourse of action then?
 
You can't do anything that may cause injury to the trespasser, but I don't think there's any law about modifying your property in such a way that renders it unfriendly to vehicles. Gates, fences, trenches and holes, anything short of landmines. All the better if the perp's truck is already on location. Nothing says "I told you you weren't welcome here" like having a ditch across the road when he's trying to get home.

There are probably easier ways to do it, such as making a huge stink in the press about illegal hunting, and the authorities refusal to act on it. Otherwise, the problem may get worse, until they decide to invent a "secret burial ground" on your land (or something) and go all Caledonia on you.
 
All the better if the perp's truck is already on location. Nothing says "I told you you weren't welcome here" like having a ditch across the road when he's trying to get home.

Then charging him to store his truck, or have it towed, etc. I've threatened to confiscate ATV's etc, left unattended on my property. Then requiring them to pay a fee to retrieve it...that is how impound lots make a fortune.
 
You can't do anything that may cause injury to the trespasser, but I don't think there's any law about modifying your property in such a way that renders it unfriendly to vehicles. Gates, fences, trenches and holes, anything short of landmines. All the better if the perp's truck is already on location. Nothing says "I told you you weren't welcome here" like having a ditch across the road when he's trying to get home.

There are probably easier ways to do it, such as making a huge stink in the press about illegal hunting, and the authorities refusal to act on it. Otherwise, the problem may get worse, until they decide to invent a "secret burial ground" on your land (or something) and go all Caledonia on you.

Well the worst part of course is my buddy has spent 20 years of his retirement getting the trails and roads for use with his UTV set up to where he wants for his own use. Not fair to him to have to dig a trench in his property at his expense to stop a trespasser but he has had to modify a few entry points. He is an retired OPP and like he says, he has been out of there long enough now he no longer has in's in the office to make life miserable for the guy who was giving him the hard time. The other problem was when confronting the trespasser he was hunting and he was armed. My friend was somewhat concerned for his own welfare and like he said, it is not what it was back in the days when I was on the force or this guy would be in a fix! He said he wasn't about to give up his remaining years of enjoyment on his property with todays firearms laws because of a confrontation with this person. He was frustrated and rightly so......the problem was eventually taken care of with said native hunter not returning again but I was just curious as to how one would go about legally dealing with a situation such as this?
 
Then charging him to store his truck, or have it towed, etc. I've threatened to confiscate ATV's etc, left unattended on my property. Then requiring them to pay a fee to retrieve it...that is how impound lots make a fortune.

I have had a few "leave" their ATV's on my property due to their unwillingness to obey the No Trespassing signs. I pull them home, dismantle them and sell all the parts on ebay or if the have the balls to come back and get them before i dismantle them, I charge them a "finders" fee and give them a warning. If it ever happens again.... charges are laid.

After having numerous game cameras, stands and even mineral blocks stolen, i have no problem laying charges now. I have chained, lag bolted and even have used python locks to secure my stuff and it still goes missing. No more Mr. Nice Guy!
 
I guess somebody found out the hard way that interfering with a hunt on private property was a bad idea.

http://www.lfpress.com/2012/12/26/illegal-to-obstruct-lawful-hunters

Hunting in Ontario is not illegal, but interfering with a hunt is.


An hour later the woman returned, interrupting the hunt, photographing their vehicle licence plates and grabbing at the cell phone Seal was using to video the incident.

Douchbag should have been charged with assault for this, as well.
 
I agree with ^

FWCA section on Obstruction of hunting, trapping or fishing

13 (1) A person shall not interfere with lawful hunting, trapping or fishing by,
(a) tampering with traps, nets, bait, firearms or any other thing used for hunting, trapping or fishing;
(b) placing himself or herself in a position, for the purpose of interfering, that hinders or prevents hunting, trapping or fishing; or
(c) engaging in an activity, for the purpose of interfering, that disturbs or is likely to disturb wildlife or fish:
 
Here is a good one for you. What do you do when you own land and have not given permission to hunt the land and a Native decides to hunt on it in spring for geese and though you have gone out and asked him to leave your property, that he is trespassing he does not and tells you to F/O. Then you return to your home, call the MNR and Police and are told by both that neither will be responding to the call owing to the fact the person is native and it may cause a real issue? Happened to a buddy of mine and he is an retired OPP! He could not get anything done about it and it went on for weeks.

What is your recourse of action then?

The landowner can lawfully arrest him and hold him till the police arrive under the Trespass to Property Act:

Arrest without warrant on premises

9.(1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2. R.S.O. 1990, c T.21, s(1).

Delivery to police officer
(2)Where the person who makes an arrest under subsection (1) is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer. R.S.O. 1990,c. T.21, s(2).

Deemed arrest
(3):A police officer to whom the custody of a person is given under subsection (2) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to his or her release or continued detention and bail. R.S.O. 1990, c.T.21, s.9
 
Does the same go for crown land?!
That was a good read! Glad to know we still have some rights, even with so many antis out there!

Yep the same applies to public land. Now, they have a right to be on crown land as well, and would have to be intentionally interfering with your hunt. You cant tell someone who's hiking the trails to bugger off because you want to hunt. But if someone is walking around with a megaphone to intentionally scare the deer away, they can be charged.

I always have my blackberry with me when I am hunting....People tend to smarten the :bigHug::bigHug::bigHug::bigHug: up when there is a camera in their face.
 
Here is a good one for you. What do you do when you own land and have not given permission to hunt the land and a Native decides to hunt on it in spring for geese and though you have gone out and asked him to leave your property, that he is trespassing he does not and tells you to F/O. Then you return to your home, call the MNR and Police and are told by both that neither will be responding to the call owing to the fact the person is native and it may cause a real issue? Happened to a buddy of mine and he is an retired OPP! He could not get anything done about it and it went on for weeks. The guy even had the nerve to use the gated road my buddy has on the property by accessing it from the other end where it joins a neighbouring property, parking his truck, cutting down my buddies trees and Hazel bushes to build a blind and using his deer food crop to hunt on where the geese were feeding. What is your recourse of action then?

Officer I have a gun if I feel threatened I will use it to defend myself!............ See how quickly they come running then.
 
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