Question for Land Owners....

Slug870

Slug870

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So I was having a discussion today with a friend of mine regarding hunting on private land and a question came up which we had opposite opinions on - the point of Rangers (COs etc) patrolling private land. Now don't get me wrong, we were certainly not in an heated argument, but we just disagreed on the point that Rangers can (and do) regularly patrol private farm land as a part of their duty.

So, my question to the land owners (or anyone who knows; not thinks or heard), is can Rangers come onto private land during their patrols? Obviously, if there was a report of illegal activity, they could and would come onto the land; this I know. The point in debate however, is can/do they do it as a routine part of their job?

Thanks for any help...

Note: I should mention that I have a dozen beer riding on this, so hopefully I can get a reference with any answers! :p
 
As far as I know, a peace officer ( including both police and conservation officers) are exempt from trespass laws if carrying out their duties.
 
Here in Ontario a Conservation officer can enter any dwelling, camp, residence, search any type of vehicle, boat if he has reason to believe game laws have been broken. A CO's powers of search and siesure here in Ontario are actually greater than what the police have. Where a peace officer requires a warrent a CO doesn't.

So to answer the original question "yes" a CO may patrol private land without permission in the course of performing his duties. He is highly unlikely going to take the time to enter that private land unless he has reasonable belief that illegal activities have taken or are taking place. If there is a high proportion of private to crown land in your area, yes the private land can come under regular patrol.

My answer is not hear say or opinion it comes from some experience in the matter. So Iam not sure if gets you beer or costs you money but I hope it helps with your query.
 
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Federal Wildlife act:

Right of passage

11.11 While carrying out duties or functions under this Act, wildlife officers and analysts, and any persons accompanying them, may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

2009, c. 14, s. 44.
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Inspections

11.1 (1) For the purpose of ensuring compliance with this Act and the regulations, a wildlife officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the officer believes, on reasonable grounds, there is any thing to which this Act or the regulations apply or any document relating to the administration of this Act or the regulations, and the wildlife officer may

(a) open or cause to be opened any container that the wildlife officer believes, on reasonable grounds, contains any such thing or document;
(b) inspect the thing and take samples free of charge;
(c) require any person to produce the document for inspection or copying, in whole or in part; and
(d) seize any thing by means of or in relation to which the wildlife officer believes, on reasonable grounds, this Act or the regulations have been contravened or that the wildlife officer believes, on reasonable grounds, will provide evidence of a contravention.
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Conveyance

(2) For the purposes of carrying out the inspection, the wildlife officer may stop a conveyance or direct that it be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where the inspection can be carried out.

Dwelling-place

(3) The wildlife officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.

Warrant

(4) Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that

(a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place,
(b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and
(c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,

the justice may issue a warrant authorizing the wildlife officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.

1994, c. 23, s. 13;
2009, c. 14, s. 43.
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Basically CO's can go anywhere they are likely to find game.

Shawn
 
shawn said:
Federal Wildlife act:







Basically CO's can go anywhere they are likely to find game.

Shawn
Click to expand...


Thank you! This is exactly what I was looking for, just didn't know where to find it.

You, Sir, just secured me a dozen cold beers! I shall keep a couple in the fridge should you decide to stop by...
 
I don't think they can destroy private property in the performance of there duties. CO going thru my farm and destroying the crop I can't see happening. So if your buddy is saying they can't just crop tour thru your farm and destroy the crop and land I think he is right. The section quoted above seems to say it is possible but some how I think if it was to happen crap would hit the fan. I would be very unhappy to have anyone riding around my farm destroying my crop without notifing me.
 
Here in Ontario a Conservation officer can enter any dwelling, camp, residence, search any type of vehicle, boat if he has reason to believe game laws have been broken. A CO's powers of search and siesure here in Ontario are actually greater than what the police have. Where a peace officer requires a warrent a CO doesn't.
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This is a myth that keeps on going around. In Ontario, an Ontario police officer and a Conservation Officer have the SAME authorities when it comes to enforcing the Fish and Game Act. A Police Officer IS a Conservation Officer.

As already stated above, CO's/Police etc REQUIRE a warrant to search a dwelling, unless given consent.

From the Ontario Fish and Wildlife Conservation Act:


87. (1) The Minister may appoint a person or class of persons as conservation officers for the purposes of this Act.

Same

(2) The following persons are conservation officers for the purposes of this Act by virtue of their office:

1. A police officer or First Nations Constable appointed under the Police Services Act.

2. A member of the Royal Canadian Mounted Police.

3. A game officer designated under the Migratory Birds Convention Act, 1994 (Canada).

4. A park warden designated under the National Parks Act (Canada), if he or she is acting under the direction of a conservation officer appointed under subsection (1).

5. A person whose primary employment responsibility is the enforcement of fish and wildlife laws in Manitoba, Quebec, Michigan, Minnesota, New York, Ohio, Pennsylvania or Wisconsin, if he or she is acting under the direction of a conservation officer appointed under subsection (1).



Search warrants, further search powers, etc.

91. (1) A conservation officer may obtain a search warrant under Part VIII of the Provincial Offences Act.

Searches without warrant

(2) If a conservation officer believes on reasonable grounds that there is in a building or other place any thing that will afford evidence of an offence under this Act but that the time required to obtain a search warrant would lead to the loss, removal or destruction of the evidence, the conservation officer may, without a search warrant, enter and search the building or other place.

Dwellings

(3) Subsection (2) does not apply to a building or part of a building that is being used as a dwelling.
 
mrgoat said:
Here in Ontario a Conservation officer can enter any dwelling, camp, residence, search any type of vehicle, boat if he has reason to believe game laws have been broken. A CO's powers of search and siesure here in Ontario are actually greater than what the police have. Where a peace officer requires a warrent a CO doesn't.

So to answer the original question "yes" a CO may patrol private land without permission in the course of performing his duties. He is highly unlikely going to take the time to enter that private land unless he has reasonable belief that illegal activities have taken or are taking place. If there is a high proportion of private to crown land in your area, yes the private land can come under regular patrol.

My answer is not hear say or opinion it comes from some experience in the matter. So Iam not sure if gets you beer or costs you money but I hope it helps with your query.
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However a CO may not search your permanent residence without a warrant. They may search a temporary residence such as a hunt camp but permanents are off limits without warrant. And to answer the OP they regularly patrol private properties.
 
l've never had them come to my property but l believe they can pretty much go anywhere,l know of a few shady type hunters that they usually check up on.They also set up robo deer out here on private property and park at a couple vacant places,also private property to do their surveillance.
 
I don't think they can destroy private property in the performance of there duties. CO going thru my farm and destroying the crop I can't see happening.
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From the Alberta Wildlife Act

Entry on and the passing over of land
66(1) A wildlife officer or wildlife guardian may, without a
warrant, enter on and pass over any land while lawfully engaged in
the exercise of powers or the performance of duties or functions
given him or her by, or that otherwise relate to the enforcement of,
this Act, including those implied by section 65.
(2) Subsection (1) does not in itself authorize the entry into any
tent, building or other structure or any search or seizure.
(3) The officer or guardian, while lawfully engaged in the entry on
or the passing over of the land in accordance with subsection (1), is
liable only for damage that he or she wilfully causes.
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According to the Act, if the officer willfully damaged your crop by driving over it, he would be liable.
 
As thin as the CO`s are in Sask, I don`t think they "break trail" just for something to do. They have so much ground to cover, they don`t have time. Right now, if a person was caught doing something wrong "it would be pure luck on the CO`s part".
 
I have to agree with the notion that they can, but are generally unlikely to patrol.

There are so few COs in Ontario now that they are very unlikely to be doing any patrolling. Anecdotally, they seem to primarily be responding to complaints or tips.

My hunting spot is well east of Peterborough, but the responsible CO is based, AFAIK, in Minden, well over 100 kms away!
 
Coming strait from the mouth of a Conservation Officer on Sept 18 this year, this is the "jist" of what he said.

"We can go anywhere in the course of fulfilling our duties. But if we have to access Private property, we always attempt to make contact with the landowner before we do."


So while they can "patrol" private property, they dont persay...
 
We had a recent case near here where a large landowner shot a decoy on his own posted land. It got dismissed when he asked what authority allowed COs to trespass on his land.

Either the judge doesn't know the law, or someone doesn't want that fight.
 
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In Manitoba, they can enter private land without permission in exercise of their duty. They can also search hunt camps, tents, vehicles, etc. without a warrant but they cannot enter or search a dwelling without a warrant.

Entry upon private property

70(3) In the discharge of his duties under this Act, an officer and any person accompanied by him may enter upon and pass through or over private land without being liable for trespass.

Inspection of hunting or trapping camps

70(4) An officer may inspect any camps occupied by hunting or trapping parties.

http://web2.gov.mb.ca/laws/statutes/ccsm/w130e.php
 
I know for a fact they will enter your property, without prior heads up to conduct normal observations. In NB years ago there was a moose with a calf on our property, the CO regularly check in on them prior to us knowing the moose was around. Mind you this moose was relocated, but that too was not mentioned to us prior to them living there for a few months.

End result we were glad to have them on the property. But they never took hold.
 
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