is this harassment

And if there's a locked gate??

Not being a ####, just asking.....this time.

I'd assume the gate would be a deterrent. There's nothing wrong with locking a gate, right??
 
Does not apply to OPP though...... the CO's actually have more freedom than the OPP in regards to this when potential illegal hunting or fishing is suspected........ and rightfully so...... but I would have expected the respect of having the gate closed behind them...
 
Superbrad said:
Does not apply to OPP though...... the CO's actually have more freedom than the OPP in regards to this when potential illegal hunting or fishing is suspected........ and rightfully so...... but I would have expected the respect of having the gate closed behind them...
Click to expand...

I didn't read the federal Act that Shawn posted but under the Ontario Act police are also Conservation Officers.
 
Fish and Wildlife Conservation Act said:
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.
Click to expand...

I believe that the Fish and Wildlife Conservation Act, 1997 supersedes the Game and Fish Act under which there was a similar provision.

Game and Fish Act said:
Entry upon private property

11. An officer in the discharge of his or her duties and any person by him or her accompanied or authorized for the purpose may enter upon and pass through or over private lands without being liable for trespass. R.S.O. 1990, c. G.1, s. 11; 1993, c. 27, Sched.
Click to expand...

I totally agree they should have closed the gate. The golden rule is, leave gates the way you found them.
 
Last edited:
Rather than all play amateur lawyer/judge, why doesn't someone who actually does this for a living actually speak up and tell us what they actually do day in and day out???
 
birdinator said:
There is no mention of "reasonable and probable" grounds with respect to entry onto private property by a conservation officer in the acts that grant them the power to do so. The way it's worded they can go almost anywhere they need to in order to do their job.



I believe that the Fish and Wildlife Conservation Act, 1997 supersedes the Game and Fish Act under which there was a similar provision.



I'm no legal expert, but it looks like the Fish and Wildlife Conservation Act has reduced the COs powers from the Game and Fish Act with respect to dwellings. The Game and Fish Act allowed the CO to enter 'private property' whereas the 'Fish and Wildlife Conservation Act' only allows the CO to enter 'private lands'. There is a separate section pertaining to dwellings in which the CO must obtain a warrant; in the Game and Fish Act it appears that no warrant was required.

I totally agree they should have closed the gate. The golden rule is, leave gates the way you found them.
Click to expand...

Refer to section 90.
 
I would make a call and have one of the supervisors come see me for a good old fashioned heart to heart. I would make certain to express my displeasure at my gate having been left open and my property being accessed without consent and if you do not mind them using your property let them know you are willing to allow access in the performance of their duties but expect they respect you and your property rights in return for earning your respect for keeping a presence in the area.
 
carverk said:
As fare as I know thay need a warrant to come on your property unless thay see a crime being committed that is a public safety issue
I would make a call and demand thay contact you next time and make it clear your not going to tolerate them leaving gates open
One call shood straighten things out its probably just an overzealous rookie that needs a ass chewing
Click to expand...


As far as you know.........you are incorrect.
 
coldshot said:
If your land is posted red that means no hunting by anyone, including yourself. If your land is posted yellow it means hunting by permission only.
If it's posted yellow you can hunt there, and if someone asks your permission to hunt there, you can let them have a crack at it, or you can tell them to take a hike.
Just because it's posted yellow, doesn't mean you have to let anyone that asks permission to hunt there, on your property.
Click to expand...

Not in Ontario.
 
There is a difference in entry and search authority in the ONT FWCA with regard to a dwelling house, a building or place, and land.

As far as entering private land as mentioned in the OP,

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.

CO's do not have more authority under the FWCA than OPP or any other police officer in Ontario.

I would certainly follow up with the MNR office in your area and speak to the officer involved or the enforcement supervisor. It certainly sounds odd.
 
35whelenpump said:
just a question during deer season a MNR pickup drove onto property up and old shut down road. Opened the gate a my property line drove thru left gate open that is not good as I graze cattle and goats on that property and proceeded to drive thru my hay fields and eventually crossed a out of repair bridge and drove off the property.
Curious to that 2 days earlier we had 2 OPP on a side by side stop and talk to the wife of one of the hunters.
have not seen either MNR OR OPP for 15 yrs
Click to expand...

Any chance this is a old right away or road allowance??
 
You must log in or register to reply here.
Back
Top Bottom