CO's do not have more authority than cops.
Man charged in coyote shooting - Ont.
- Thread starter Ivanhoe.Ont
- Start date
CO's do not have more authority than cops.
Dont they have more authority based on warrantless searches and the right to search where a regular cop would require either extinguint(spelling) circumstances or have to have rpg? Isnt the burden alot lower for MNR to search and or gain entry? Similar to MOL and other ministries?
- Location
- London, Ontario
No. A specific type of LEO has no more authority than any other for search and seizure, etc, etc.
Where the authority comes from is the Act or Statute that the LEO is acting under or enforcing. Providing the LEO has the authority to enforce that specific act.
A cop has the authority to enforce the FWCA, therefore has the same powers afforded under this act as a CO.
tactical870
CGN Ultra frequent flyer
- Location
- Buckhorn, Ontario
IIRC under the FWCA a CO can search without a warrant when he reasonably believes that the time neccesary to obtain the warrant will allow the suspect to dispose of, or destroy evidence. (at least I think it's worded like that.... It's been a while)
- Location
- Southern Ontario
city idiots = Citiots
Nov. 6th was our 1st week of firearms related deer season. Let's assume he was deer hunting. Let's also assume he was shooting over land of which he had permission or there would have been additional charges from my understanding. Hence my comment about stepping off the road.
I think this guy is lucky in so much as the $700.00 does not represent the true cost of processing this charge through the courts.
It's also my understanding the a ministry officer can lay different and additional charges than a typical municipal or (OPP) regional peace officer. This from a Ministry of Natural Resources officer sitting in my living room last November as we discussed the problems of trespass we had experienced during previous rifle deer seasons.
We have roads in Hasting County that cannot be navigated by car, only 4x4, but they are none the less long abandoned road allowance, at best, considered ATV trials by the weekend warriors. When not in use by local farmers to access fields they are frequented by Citiot bird watchers or the emerging horsy set. I have been hunting these lands for my life time, permission granted by all neighbors, in excess of 3000 acres. I used the abandon roads all the time, sometimes bumping into these righteous transgressors, they assume the “no trespass” signs don’t apply to them and always walk, jog, atv up to barns or other building long past the fence line. The same folks who almost always tell me that I’m doing something illegal while carrying a rifle over my shoulder. I’ve had them call the OPP, I have always waited while they scurry off to safer more anonymous soil. Not once have the local cops found reason to charge me but I cannot get them to consider charging for the harassment I’m now getting…. There by the grace of god go I, as I could be the one being charged for discharging a firearm from a road allowance which is no better than an abandon logging trial.
If he was shooting from a maintained roadway then he did wrong, If, the road allowance was posted as “use at own risk” then I think some discretion should have been afforded.
Nov. 6th was our 1st week of firearms related deer season. Let's assume he was deer hunting. Let's also assume he was shooting over land of which he had permission or there would have been additional charges from my understanding. Hence my comment about stepping off the road.
I think this guy is lucky in so much as the $700.00 does not represent the true cost of processing this charge through the courts.
It's also my understanding the a ministry officer can lay different and additional charges than a typical municipal or (OPP) regional peace officer. This from a Ministry of Natural Resources officer sitting in my living room last November as we discussed the problems of trespass we had experienced during previous rifle deer seasons.
We have roads in Hasting County that cannot be navigated by car, only 4x4, but they are none the less long abandoned road allowance, at best, considered ATV trials by the weekend warriors. When not in use by local farmers to access fields they are frequented by Citiot bird watchers or the emerging horsy set. I have been hunting these lands for my life time, permission granted by all neighbors, in excess of 3000 acres. I used the abandon roads all the time, sometimes bumping into these righteous transgressors, they assume the “no trespass” signs don’t apply to them and always walk, jog, atv up to barns or other building long past the fence line. The same folks who almost always tell me that I’m doing something illegal while carrying a rifle over my shoulder. I’ve had them call the OPP, I have always waited while they scurry off to safer more anonymous soil. Not once have the local cops found reason to charge me but I cannot get them to consider charging for the harassment I’m now getting…. There by the grace of god go I, as I could be the one being charged for discharging a firearm from a road allowance which is no better than an abandon logging trial.
If he was shooting from a maintained roadway then he did wrong, If, the road allowance was posted as “use at own risk” then I think some discretion should have been afforded.
No. Only if the "suspect" is stupid enough to believe that CO's have more power than a cop. No warrant, no search. Search without warrant is an acquital if the suspect can afford a lawyer worth his salt. Most poachers though will take the $2000 fine vs the $10000 legal bill.
- Location
- Onterrible
that's exigent circumstances. "fishing expeditions" (pardon the pun!) aren't lawful. just like the police, CO's have to ensure that they don't breach a person's section 8 charter rights. i wouldn't suggest you start challenging CO's or police on their powers, though.. that is what lawyers and court is for.
because what you're doing is legal, and what they're doing isn't. pain in the nuts? absolutely. but there is absolutely no way you can articulate having the police called on you by misinformed citiots as being 'harassment'.
tactical lever
CGN frequent flyer
- Location
- Fox Creek, Alberta
The word is "Hypocrite". No one could spell it, really?
I would like to see the circumstances, of where he was shooting from and which direction the shot was going. Kind of silly to have this debate without material.
Shooting from a ditch into a mountain on crown land? I can't force myself to care. It was a coyote, not a game animal.
Shooting down a road into traffic? String him up!
Safe handing is more important to me than whether a varmint was taken "ethically".
I would like to see the circumstances, of where he was shooting from and which direction the shot was going. Kind of silly to have this debate without material.
Shooting from a ditch into a mountain on crown land? I can't force myself to care. It was a coyote, not a game animal.
Shooting down a road into traffic? String him up!
Safe handing is more important to me than whether a varmint was taken "ethically".
- Location
- Southern Ontario
B]
When the Citiots are driving by slowly, sounding the car horn in a miss guided effort to scare game. When they stand 400 yards away shouting and yelling.
When they knock down tree stands on private property. I think this is harassment?
I have 2 binoculared bird watchers on my trail camera stomping bait apples into the ground, LOL, on my property too...
To the point of the charge in case of the original post. We don't know what in fact he did, but sound judgment was no doubt lacking which left him vulnarble to the charge and conviction. Lesson learned.
- Location
- Onterrible
Unnecessary Noise - Ontario Highway Traffic Act
Read the regulations.. Ontario Trespass to Property Act
Enter When Entry Prohibited, Fail to Leave When Directed to Do So - Ontario Trespass to Property Act
If they're on your property that is clearly marked as per the regulations in the act, or property that the owner has designated you an "agent" for, then there is some recourse.
Negative. Mischief - Criminal Code of Canada.
Save the pictures, and if they're the ones causing you all of your problems, go to your local police with it.
And don't think I'm taking their side for a second, and I don't doubt it's a pain in the nuts. At one of my buddy's old goose hunting spots, we continually had the OPP called on us by a Citiot who moved to the country to drive a school bus and pursue her second career in painting. Despite not even shooting in the direction of her house, she claimed that even though we were almost a KM away, she could hear the shot from our guns hit her steel roof. We got so fed up that we stopped hunting there and let the old bag win.
No matter how frustrating it is, just keep it legal as we all know how the headlines will read. Your family and your fellow hunters will thank you for it
Unnecessary Noise, Despite not even shooting in the direction of her house, she claimed that even though we were almost a KM away, she could hear the shot from our guns hit her steel roof. We got so fed up that we stopped hunting there and let the old bag win.
No matter how frustrating it is,
Ive just got to say if hunting and discharge of firearms is legal where you hunt, keep hunting.
I would never give up the fight, or the right to hunt on good producing land.
Ive been told of shot hitting the roof while goose hunting in one particular property I hunt. Its all a blow job for when they call the cops.
It happens a lot when city folks move to the country and are disturbed with their fantasy country life, disturbed by openning days gun fire. .
- Location
- Onterrible
Ive just got to say if hunting and discharge of firearms is legal where you hunt, keep hunting.
I would never give up the fight, or the right to hunt on good producing land.
Ive been told of shot hitting the roof while goose hunting in one particular property I hunt. Its all a blow job for when they call the cops.
It happens a lot when city folks move to the country and are disturbed with their fantasy country life, disturbed by openning days gun fire. .
we weren't too torn when we left, as another coworker has access to a really good producing field in Stoufville which we use now exclusively for our field hunts.
and as for the coppers who showed up, i knew one of them from school, and my buddy knew the other one from when he worked at the local hospital. they were by no means experts in ballistics, but the guy i knew looked at where we were shooting from then looked at the lady's house and said, 'you've gotta be f****** kidding me!'
