Trespassers

Firehoser said:
I have been lucky I guess with the people I have dealt with. Mostly farmers with an understanding of the hunting heritage. My point was if you are using the allowance to access another area be prepared with maps showing your right to be there. There are too many parcels of crown land that can only be accessed this way. This will not stop idiots from being idiots but it will put you in a better position to reason with them if you carry maps. If he wants to call the law let him. You did all you could to make him understand. I never hunt road allowances without permission of land owners adjacent. Again it is disrespectful to land owners. The point Fire306 makes is the guy is using the loophole not to gain access to other areas but to hunt his property. The guy may be legally entitled to hunt 60' 6" but it doesn't make it right. He is the A-hole on the flip side of this. Since in this case there is no access to land locked property the purchase of the road allowance may be easier to obtain. That would be my approach.
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Agreed. As was the case that I mentioned earlier. Land owner called authorities twice this year. Both times the authorities came, we had pleasant chit chat, shared some stories and they left. And as I mentioned, the authorities told the land owner on their second visit that further phone calls could result in a public mischief charge/fine or what ever it is they do.
 
cantgetright said:
With only 1 CO truck working hundreds of km's during that week, I don't think they would have even had time to respond to a trespass call in time to recover the deer anyway.
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Thats exactly the problem! To much land for a single person to cover. Unless you get lucky and the CO happens to be in the area, you're SOL. Any hope of recovery before spoilage is unlikely.
 
New Camper said:
Also, I don't know where people are getting the trespass fine idea from: Last time I checked, it was criminal.
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Checked where? The only trespass that's criminal is trespass at night, sec 177 of the CC. That only covers prowling or loitering around a dwelling house at night.

All other forms of trespass are covered under Provincial, non criminal legislation or tort law. Generally under the Trespass to Property act, but as we all know, also touched on in various other acts like the FWCA.

So, yes, one very specific form of tresspass is criminal, but that's it. Certainly nothing like the trespass being discussed here.
 
1963beretta said:
i bet it would have been a very different story if it was a CO that was called.
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Most possibly; COs have powers significantly above and beyond that of a LEO in some cases.

No warrant needed to search your vehicle, enter your property or even enter your home, if doing so will help them enforce the FWCA.

It has to be related specifically to enforcement of the FWCA, not any other act.

So a CO can enter your property in some cases without either exigent circumstances, permission or a warrant; in no case can a LEO enter your property without one of those three things.

That said, I don't see how recovering a downed deer falls under that.

Deer drops dead on your property, you're under no obligation to let anyone in to recover it. You can absolutely keep it; there's no license required to possess meat from a game animal, all those offences relate to acquiring or disposing of it.

I would think the only way a CO could use their powers under the FWCA to enter private property and recover an animal without permission would be if the landowner intended to allow it to spoil. The FWCA says that anyone in possession game wildlife that was hunted shall not let it's flesh to become unsuitable for human consumption; whether the mere fact that it's on your property constitutes possession or not, I have no idea what the case law is on that.

But assuming the landowner is in "possession" and doesn't intend to recover the game, I can see enforcing that section as allowing the CO to enter and recover it themselves. Just a guess though, I don't know if it's actually applied that way.

In the end I guess it would effectively be entry through permission anyway, as the offence hasn't been committed until the meat has already spoiled...

CO: Are you going to recover and process that deer?
Landowener: No.
CO: Well, it's an offence under the FWCA to allow it to spoil. Would you like me to wait for it to rot, enter anyway to gather evidence and then charge you, or can I go get it and give it to Elmer over here?
Landowner: come right in...
 
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two-dogs said:
you are indeed correct, Sir. I had that wrong in my mind a while back in another thread and I was right smartly corrected as to what is what!:redface:
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Id be in deep #### otherwise. As my parents 30acers of bush is posted no hunting no tresspassing. All the neighbors know they can retrieve game that dies there. But not to step foot onto our property as we have horses and such out there through the year.
 
Your land is your land. We had an acreage when I was younger. We allowed people to hunt on it, but our policy was if you post your land, then stay off our land. So if you put up no trespassing signs, then you should stay off other people's property and stay on your land.
 
bcexmod said:
Your land is your land. We had an acreage when I was younger. We allowed people to hunt on it, but our policy was if you post your land, then stay off our land. So if you put up no trespassing signs, then you should stay off other people's property and stay on your land.
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I agree with this statement, as I grew up with the same mentality. Don't let others use your land, don't expect to use mine. That is why I am somewhat hesitant to post my land, although these days I very rarely hunt others property at all and certainly don't with out permission.
But times have changed a lot from those years. Liabilities are everything now, everyone is looking to sue someone else. Posting your land now, is the first line of defense if someone is on your property and gets injured (or worse), you have a leg to stand on saying its posted, they were trespassing to be there.
 
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Fire306 said:
I agree with this statement, as I grew up with the same mentality. Don't let others use your land, don't expect to use mine. That is why I am somewhat hesitant to post my land, although these days I very rarely hunt others property at all and certainly don't with out permission.
But times have changed a lot from those years. Liabilities are everything now, everyone is looking to sue someone else. Posting your land now, is the first line of defense if someone is on your property and gets injured (or worse), you have a leg to stand on saying its posted, they were trespassing to be there.
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In the world we live in nowadays, I question whether posting signs will even matter if trespassers want to sue. If someone can enter your home with some form of weapon, you'll be dragged through the legal system as a criminal if you defend yourself or your property. Ian Thompson's case proved that! So I have reservations in believing that a sign will be a strong line of defence anyway
 
I would still post it .hunting with permission only. That way you can have charges payed against the repeat offenders. Or the guy that wants to be a real pick about it . Dutch.
 
Over the years I have had more drama with other hunters on private land than on public land. Local folks sometimes seem to feel a legacy factor exists that trumps actual ownership or "exclusive" permission.

Currently I hunt public land far enough from the road that I almost never see anybody...
 
Private land is private land. The right of way has nothing to do with it. The right of way is probably 25 feet each way of the center line, anything beyond this is private property if held under a title. In Alberta you can not enter land fenced or not without permission of the land owner, the onus is put on the person who wishes to enter to find out if the land is privately owned. I would suggest you post the four corners of the property and any access points and charge anyone who enters it without permission. I would also send a letter, certified mail so you have prove , to this bonehead advising him that if he enters the property again you will charge him. Most jurisdictions state first time entering the property without permission is petty trespassing, any time after that is criminal trespassing.
 
flashman said:
Checked where? The only trespass that's criminal is trespass at night, sec 177 of the CC. That only covers prowling or loitering around a dwelling house at night.

All other forms of trespass are covered under Provincial, non criminal legislation or tort law. Generally under the Trespass to Property act, but as we all know, also touched on in various other acts like the FWCA.

So, yes, one very specific form of tresspass is criminal, but that's it. Certainly nothing like the trespass being discussed here.
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You are unfortunately correct: In 2012, several sections of the CC were repealed that were relevant... s.41
 
Fire306 said:
I agree with this statement, as I grew up with the same mentality. Don't let others use your land, don't expect to use mine. That is why I am somewhat hesitant to post my land, although these days I very rarely hunt others property at all and certainly don't with out permission.
But times have changed a lot from those years. Liabilities are everything now, everyone is looking to sue someone else. Posting your land now, is the first line of defense if someone is on your property and gets injured (or worse), you have a leg to stand on saying its posted, they were trespassing to be there.
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Had a citiot and his family buy the severanced house next to the farm I grew up on. First thing he did was red dot the property line...all 3 acres of lawn. But was he ticked when asked that his kids stay out of our bush with their john deere gator during hunting season.
 
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