My wife and her girlfriend love to see deer in the wild and take pictures of them. They even drive on the back roads at night and use the car headlights to spot the deer in the field. She also loves me and when she sees a beautiful buck in a field she calls me on the cellphone to tell me about it. Since I am an avid hunter, I drive over to the specified field in order to check that buck. If it is a good looking specimen than my friend ‘Rambo’ and I take a quick shot, dump the deer in the back of the pick-up and away we go. My wife and her friend are really good spotters for our deer trade.
In the law a spotter is just as guilty as the poacher.
In your case it is presumption of poaching since you were using your headlights to spot the field the same as my wife and her girlfriend do for me.
So in Quebec, there is such a thing as presumption of guilt? If I recall, we didn't even have a cell phone to call our "buddies" to shoot Bambi. I'm not saying that sort of thing doesn't go on, but if it's the best case they can make against a guy, and they win it, then it means anyone entering their driveway in rural Quebec had better have their headlights off, and they may want to drive with the lights off, in case they do shine on a deer. And, no, we did not use our headlights to "spot" the field. We turned off the road into a short laneway (not really a driveway, but it stopped at the fence line), he explained to me the "history" of the property, roughly what was on it in terms of maple and oak, then we backed out and drove on down the road. After that, we went to town, bought a box of beer, a 40-pounder, and picked up a gallon of maple syrup from his buddy. We may also have gone to see another guy about some kiln-dried hardwood lumber, but I don't remember if it was that night or the next day.
As far as the time elapsed, we definitely did not leave with any paperwork that night. We were told it would go to Quebec City, I believe, and they would make the final decision. As far as I know, he got something in the mail a year ago or so, and told them he would plead not guilty. I am pretty sure that if he had received anything before that, he would have told me, and I asked his son, who is very good friends with my son, about it, and he hadn't heard either. Another odd thing - we were both in the truck, yet he is the only one charged. You'd think they would rather nab a non-resident for poaching AND hunting without a license??? Although I was not driving. The whole thing stinks.