This is from the MNR website
Question Re: Non-hunter Vs Hunter and Licence Requirements
I am 20 years old and from a family of non-hunters, but I enjoy hunting of all kinds. I don't have many other people to go out deer hunting with, and since it is dangerous to go alone my dad often comes with me for company. He doesn't have a hunting licence, but he enjoys being with me, and dresses in orange just to be safe. We were told that is illegal for him to do this and he can be charged with illegal hunting even if he isn't carrying a gun? How can this be? Aren't crown lands open for everyone to use, not just hunters during hunting season? How can he be charged for simply walking around in the bush with me?
Answer:
This practice is absolutely legal if the non-hunter does not actively participate in the hunt. Let me give you a couple of scenarios to explain this:
in our hunt camp we have a member who is a non-hunter. On occasion, he goes out with one of the 'doggers', walking alongside him and taking photographs. This is perfectly legal as he is not an integral part of the chase. Equally legitimate, he sometimes sits on a watch with another hunter (only one gun) and takes photos, visits, etc.
in the same scenario, if the non-hunter decided that he wanted to walk by himself in the same general area and thus function as an additional 'dogger', then that would mean he is now meeting the definition of "hunt" and would need a licence.
Clearly, anyone can simply walk around on crown (or private, with permission) land but once there is any indication that they are actively involved in 'chasing, pursuing, in search of,.' then they are liable to the requirement for a hunting licence and may be charged if they do not have one - whether or not they have a firearm!