Sask hunters: Need info on laws.

[ABChop]

Sorry, your not reading that correctly at all.

You do not own the land....you need permission to go on it. It's really that simple. That is what the above is saying. Whether it's signed or not and that you can be prosecuted if found on the land without permission.

Why would you not need permission to go on some else s personnel property?
Is your back yard signed? : )
So if come and walk around it that would be ok without talking to your first? : )

 

[stubblejumper]

You do not own the land....you need permission to go on it. It's really that simple. That is what the above is saying. Whether it's signed or not and that you can be prosecuted if found on the land without permission.

If it really was that simple, there would not be a need for so many subsections in the Wildlife Act dealing with Trespass. Did you ever wonder why there are so many subsections? Why do they even bother with a subsection mentioning signage, if it doesn't matter if there are signs or not?

Why would you not need permission to go on some else s personnel property?
Is your back yard signed? : )
So if come and walk around it that would be ok without talking to your first? : )

The Petty Trespass Act covers that in Alberta.

The Trespass to Property Act covers that in Saskatchewan.

The major difference is that in Alberta, the Petty Trespass Act applies to hunters, while in Saskatchewan, the Trespass to property Act specifically exempts hunters,fishermen, and trappers.

 

[aprilfoolsme]

It states clearly you have no right to access the land with out the owners permision

The lack of signage is NOT deemed to be consent

 

[stubblejumper]

The lack of signage is NOT deemed to be consent

And it is very plainly stated, where subsection 1 is concerned, that you do need consent to enter the posted land.
Now could you point out where the Wildlife Act states that consent is legally required, other than in subsection 1,which deals with posted land?

In Alberta all trespassing, whether the land is posted or not, is covered by the Petty Trespass Act, but in Saskatchewan,the Trespass to Property Act specifically exempts hunters.

 

[ABChop]

It states clearly you have no right to access the land with out the owners permision

The lack of signage is NOT deemed to be consent

Exactly!! Couldn't agree more.

They have many subsections in all the laws; that's just how they write them. They like to make things more complicated than they need to be.
I took law in College which hardly makes me an expert in any way, but this is what the above boils down to.

It says if the land is signed, you need the land owners permission to hunt.

If there are no signs, that doesn't mean you have automatic permission to go on the land, or hunt on it; you still need the land owners permission to access the land.

And if prosecuted it is up to the charged to prove that they had the landowners permission.

Which comes back to the the main point of this, and that is you need the land owners permission to go on his land.

 

[stubblejumper]

If there are no signs, that doesn't mean you have automatic permission to go on the land, or hunt on it; you still need the land owners permission to access the land.

The Act states clearly that no signs does not mean that you have consent. But where in the Act(other than in subsection 1 dealing with posted land) does is state that you need consent if the land is not posted?

And if prosecuted it is up to the charged to prove that they had the landowners permission.

It appears that you are assuming that it applies to all subsections, but that is not the case. According to the Act that only applies when dealing with charges under subsections 1 or 2.

(5) In a prosecution for a contravention of subsection (1) or (2), the onus is on the person charged to prove:
(a) that he or she had obtained the consent of the owner or occupant to hunt on the land of that person

Which comes back to the the main point of this, and that is you need to land owners permission to go on his land.

The Act specifically states in subsection 1 that you need consent from the landowner if the land is posted. Where does the Act state that you need the landowner's consent if the land is not posted?

 

[gtrussell]

The op asked sask hunters not alberta boys,and its only common knowlege,and the normal thing to do.Ask and you shall recieve.

 

[stubblejumper]

The op asked sask hunters not alberta boys,

I currently live in Alberta but I was born in Saskatchewan, and have hunted there for over 40 years. My family and several relatives still own property in Saskatchewan, so I do keep up to date on the legislation.

its only common knowlege,and the normal thing to do.Ask and you shall recieve

I think that we all know that the best policy is always to ask permission, but the OP was asking about the actual laws in Saskatchewan, not whether or not the best policy was to ask permission.

 

[gtrussell]

I think I heard a thump,I hope.

 

[darcy32171]

Well, last night I phoned the owners of the land I wanted to hunt on. Today I bought a Rural Municipality map and met in person with the owner. He gave me full blown permission to 30 sections of prime land!!! He also pointed out the main active dens he knows about and also gave me permission to shoot any badgers/ muskrats if I see any (only can be shot without a licence if the owner gives permission...so I`ve been told).
It worked out to the best!!!!! real nice guy to boot.
He has had so many problems with coyotes and no time to shoot them. He told me to come right into the yard and shoot. He said they come right in and get into his garbage cans. He said they are not scared one bit.

 

[Go4snypr]

Glad to hear you phoned and got permission. It all worked out good, but you need a fur license for badger and muskrat, unless you are the land owner and they are a pest(even then I think they need a permit). But that is another debate, that I am sure we will all read about. good luck with the coyotes.

 

[sask378]

Well, last night I phoned the owners of the land I wanted to hunt on. Today I bought a Rural Municipality map and met in person with the owner. He gave me full blown permission to 30 sections of prime land!!! He also pointed out the main active dens he knows about and also gave me permission to shoot any badgers/ muskrats if I see any (only can be shot without a licence if the owner gives permission...so I`ve been told).
It worked out to the best!!!!! real nice guy to boot.
He has had so many problems with coyotes and no time to shoot them. He told me to come right into the yard and shoot. He said they come right in and get into his garbage cans. He said they are not scared one bit.

Right on! Good for you. Not so good for the coyotes.

 

[trevj]

Well, last night I phoned the owners of the land I wanted to hunt on. Today I bought a Rural Municipality map and met in person with the owner. He gave me full blown permission to 30 sections of prime land!!!

Yeah! That's what all the "If it's not posted, just hunt there" guys get to miss out on. The contacts. It may well be that you never need or want to hunt on anyone else's property, but if you deal with this guy and it works out, then he may well put in the word for you or make the introductions you need to get access to a whole PILE of land to hunt.

Cheers
Trev

 

[Cinch]

What is the aversion to asking for permission? A person would be very hard pressed not to receive permission to hunt coyotes.

Well, last night I phoned the owners of the land I wanted to hunt on. Today I bought a Rural Municipality map and met in person with the owner. He gave me full blown permission to 30 sections of prime land!!! He also pointed out the main active dens he knows about and also gave me permission to shoot any badgers/ muskrats if I see any (only can be shot without a licence if the owner gives permission...so I`ve been told).
It worked out to the best!!!!! real nice guy to boot.
He has had so many problems with coyotes and no time to shoot them. He told me to come right into the yard and shoot. He said they come right in and get into his garbage cans. He said they are not scared one bit.

I told you so

 

[gtrussell]

I think that was suggested once before.