Bustercluck
CGN Regular
- Location
- Fort McMurray
Wrong thread.
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What are the fish cops allowed to do?
- Thread starter Bustercluck
- Start date
Bustercluck
CGN Regular
- Location
- Fort McMurray
Does anybody know the legalities of what we're required to do when stopped by a conservation officer? Particularly in Alberta. If you're stopped for any reason, do they have the authority to search your vehicle and inspect your firearm if it's in a locked case? Are they allowed to enter your ice fishing shelter uninvited?
I've been stopped probably around ten times in three years by them and never had an issue inviting them into my tent of whatever and having a conversation about fishing and hunting, but the other day I ran into a fellow that I thought was pretty rude and he issued me a fine for an unattended campfire. In his words he told me "you have to do whatever I say. I'm a peace officer". I didn't agree with this statement and I don't think it's true.
Anyways, next time I'm stopped id sure like to know what my obligations are as a citizen and know where to draw the line for information i hand out. And I'm definitely not being polite or making small talk next time.
Any websites out there with info like this or somebody to email who can answer these kinds of questions?
I've been stopped probably around ten times in three years by them and never had an issue inviting them into my tent of whatever and having a conversation about fishing and hunting, but the other day I ran into a fellow that I thought was pretty rude and he issued me a fine for an unattended campfire. In his words he told me "you have to do whatever I say. I'm a peace officer". I didn't agree with this statement and I don't think it's true.
Anyways, next time I'm stopped id sure like to know what my obligations are as a citizen and know where to draw the line for information i hand out. And I'm definitely not being polite or making small talk next time.
Any websites out there with info like this or somebody to email who can answer these kinds of questions?
CO's are peace officers and have every power an RCMP officer might have, and sometimes more.
As for information you have to hand out? Same as anything you might encounter with a RCMP. You don't have to talk to them at all if you don't want to, but you still need to produce documents like DL, HL, FL, PAL etc.
Can they search your vehicle or ice fishing tent? Not without probable cause (or whatever it's called in Canada ) or your consent. So if they see a gun in your truck they can check that it's legit, and I assume that if you have a ice fishing tent it implies you are fishing so they can probably go in that too.
Bottom line is that yes, CO's are police officers.
As for information you have to hand out? Same as anything you might encounter with a RCMP. You don't have to talk to them at all if you don't want to, but you still need to produce documents like DL, HL, FL, PAL etc.
Can they search your vehicle or ice fishing tent? Not without probable cause (or whatever it's called in Canada ) or your consent. So if they see a gun in your truck they can check that it's legit, and I assume that if you have a ice fishing tent it implies you are fishing so they can probably go in that too.
Bottom line is that yes, CO's are police officers.
Bustercluck
CGN Regular
- Location
- Fort McMurray
Lol. Yeah a little off topic.
I laughed pretty good at this! I just pictured Super Troopers for some reason.
And yeah, they're an officer of the law.
Had one show up at a buddies ranch with a guy in cuffs, smiling, but in cuffs. No cell phone coverage in those days and he wanted to call the Mounties. charge? Smoking pot. 
Best be polite, give them a lot of rope and argue in court.
Grizz
Best be polite, give them a lot of rope and argue in court. Grizz
Bustercluck
CGN Regular
- Location
- Fort McMurray
I know most of them are just out there doing their job, but it only takes one a?$&ole on a power trip to ruin it for the rest of them.
Wildife cops can't have more than RCMP. RCMP have full federal and provincial authority in Alberta to enforce provincial and federal laws within the province.
As Alberta Fish and Wildlife officers have criminal code and provincial authority, they can match the RCMP in authority, but not exceed them.
CO's are not police officers. They are Peace Officers in their own provinces with specific authorities as set out in their own provinces. Peace Officers include sheriff's, fish and wildlife, conservation officers and police officers. Their respective titles are sub headings under the primary term Peace Officer. Neither superior or inferior to the other, just different terms. But Sheriffs and not police, just like police aren't called sheriff's or Conservation officers.
Convservation officers are peace officers. Search and seizure rules are the same across the board for all peace officers.
Search by warrant.
Search incident to arrest.
Search by consent.
Search due to exigent circumstances.
Search granted by legislative authority.
If legislation says they can enter your hut to verify compliance, it's permitted by law. If you refuse, it could be obstruction. You would have to read up on the legislation that covers your situation to be sure.
If you have a gun, they will likely ask for your licence. Possession of any firearm without authorization is a crime. If they find you committing a crime, they likely will arrest you and seize evidence incident to that arrest. Yes, that includes from a vehicle. Yes, without a warrant, incident to arrest.
If no offence observed, no grounds to search without consent or warrant.
Search by warrant.
Search incident to arrest.
Search by consent.
Search due to exigent circumstances.
Search granted by legislative authority.
If legislation says they can enter your hut to verify compliance, it's permitted by law. If you refuse, it could be obstruction. You would have to read up on the legislation that covers your situation to be sure.
If you have a gun, they will likely ask for your licence. Possession of any firearm without authorization is a crime. If they find you committing a crime, they likely will arrest you and seize evidence incident to that arrest. Yes, that includes from a vehicle. Yes, without a warrant, incident to arrest.
If no offence observed, no grounds to search without consent or warrant.
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It has been said in Alberta that they have the same powers as The RCMP if they wish to enforce things like speeding etc. I know of lots of people given speeding tickets on the Hinton Grande Cache highway by conservation Officers. Mind you it might have been in the park areas.
They arr allowed to be a pain in the arse.
Had a get go with one in Quesnel a bunch of years ago and she
knew diddly sqwit about what she was blabber'in 'bout.
Told her to charge me if in fact she thought I was doing something illegal.
I also told her she would be mighty imbarearsed if she proceeded with her
nonsense and tried to explain to a judge what she was going to charge me with.
As paw yewse tuh say, if their born dumb, they're gonna die dumb.
Had a get go with one in Quesnel a bunch of years ago and she
knew diddly sqwit about what she was blabber'in 'bout.
Told her to charge me if in fact she thought I was doing something illegal.
I also told her she would be mighty imbarearsed if she proceeded with her
nonsense and tried to explain to a judge what she was going to charge me with.
As paw yewse tuh say, if their born dumb, they're gonna die dumb.
here is a link to the alberta wildlife act which has sections
on the powers of CO's
http://www.qp.alberta.ca/documents/Acts/W10.pdf
on the powers of CO's
http://www.qp.alberta.ca/documents/Acts/W10.pdf
Fish and Wildlife Act of Alberta (since the OP is in AB)...
So ya... if the Fish and Wildlife officer can do it... so can the mountie.
As for BC, your Wildlife Act differentiates between the title Conservation officer and Constable. Police are all defined in the Act as Constables. That being said, all through the BC Act authorities granted to Wildlife Officers are also given to Constables.
In short, police in BC have the same authorities to seize items under the BC wildlife act as CO do. Worth a read.
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Search, etc., without warrant
71(1) If distance, urgency, the imminent danger of the loss,
removal, destruction or disappearance of evidence or other relevant factors do not reasonably permit the obtaining of a warrant, a wildlife officer or wildlife guardian may, without obtaining a warrant,
(a) enter into and search any premises or a place, vehicle,
aircraft, boat or a building, tent or other structure,
(a.1) search any land lawfully entered on under section 66, or
(b) search any container, including a pack, or any
pack-animal,
if the officer or guardian believes on reasonable and probable
grounds that there is in or on it any evidence of an offence against this Act.
(1.1) A wildlife officer or wildlife guardian who has reasonable
and probable grounds to believe that the lawful exercise of any
powers or the lawful performance of any duties or functions
referred to in section 66(1) necessitates the examination or
inspection of anything or any location referred to in subsection
(1)(a), (a.1) or (b) or of any subject animal or other property may, without a warrant, perform that examination or inspection, as the case may be.
(2) The officer or guardian shall not enter into or search the living quarters of a private dwelling under this section unless the officer or guardian is in immediate pursuit of a person who the officer or guardian has reasonable and probable grounds to believe has committed an offence against this Act.
(3) The power to conduct a search, examination or inspection
under this section must
(a) be exercised at a reasonable hour having regard to the
circumstances underlying the reasonably perceived need
for the search, examination or inspection, and (b) be exercised in accordance with the prescribed
restrictions.
RSA 2000 cW-10 s71;2002 c30 s33;2009 c36 s6
Inspection of permit and other premises
72(1) A wildlife officer or wildlife guardian may, without
obtaining a warrant, enter at any reasonable hour
(a) any premises that the officer or guardian has reason to
believe are permit premises, or
(b) any other premises where
(i) any authority is required by or under another statute,
including a federal statute, to possess any subject
animals or endangered organisms, or
(ii) a commercial service in relation to butchering,
skinning, dressing or plucking dead subject animals
is offered,
and where the officer or guardian has reason to believe that subject
animals or endangered organisms may be found at the time of
entry, other than the living quarters of a private dwelling, for the
purpose of inspecting the premises and any subject animals and
endangered organisms found in them and any records required to
be kept by or under this Act or the Fur Farms Act.
(2) If it appears to a justice, on information laid before the justice
on oath, that there are reasonable and probable grounds for
believing that the living quarters of a private dwelling contain any
premises referred to in subsection (1), the justice may issue a
warrant authorizing an officer or guardian to enter those quarters,
by force if necessary, for the purpose of inspecting the quarters and
any subject animals and endangered organisms found in them and
any records referred to in subsection (1).
(3) Before entering the living quarters under subsection (2), an
officer or guardian shall take reasonable steps to find the person in possession of them and shall endeavour to obtain the consent of that person.
(4) A permit holder or other person in charge of the premises
referred to in this section shall, for the purpose of an inspection
under this section, give all reasonable assistance to the officer or guardian carrying out the inspection and provide access to all relevant areas of the premises and provide all information, records and copies required to be kept by or under this Act and all other records referred to in subsection (1).
RSA 2000 cW-10 s72;2002 c30 s33;2003 c49 s14;2011 c12 s32(21)
Powers of seizure
74(1) A wildlife officer or wildlife guardian may seize anything
that the officer or guardian believes on reasonable and probable grounds may afford evidence of, or was used in, the commission of an offence against this Act.
(2) The officer or guardian shall, on seizing anything under
subsection (1), give a receipt for it to the person, if any, having
physical possession of it when it was seized.
RSA 2000 cW-10 s74;2002 c30 s33;2003 c49 s15
71(1) If distance, urgency, the imminent danger of the loss,
removal, destruction or disappearance of evidence or other relevant factors do not reasonably permit the obtaining of a warrant, a wildlife officer or wildlife guardian may, without obtaining a warrant,
(a) enter into and search any premises or a place, vehicle,
aircraft, boat or a building, tent or other structure,
(a.1) search any land lawfully entered on under section 66, or
(b) search any container, including a pack, or any
pack-animal,
if the officer or guardian believes on reasonable and probable
grounds that there is in or on it any evidence of an offence against this Act.
(1.1) A wildlife officer or wildlife guardian who has reasonable
and probable grounds to believe that the lawful exercise of any
powers or the lawful performance of any duties or functions
referred to in section 66(1) necessitates the examination or
inspection of anything or any location referred to in subsection
(1)(a), (a.1) or (b) or of any subject animal or other property may, without a warrant, perform that examination or inspection, as the case may be.
(2) The officer or guardian shall not enter into or search the living quarters of a private dwelling under this section unless the officer or guardian is in immediate pursuit of a person who the officer or guardian has reasonable and probable grounds to believe has committed an offence against this Act.
(3) The power to conduct a search, examination or inspection
under this section must
(a) be exercised at a reasonable hour having regard to the
circumstances underlying the reasonably perceived need
for the search, examination or inspection, and (b) be exercised in accordance with the prescribed
restrictions.
RSA 2000 cW-10 s71;2002 c30 s33;2009 c36 s6
Inspection of permit and other premises
72(1) A wildlife officer or wildlife guardian may, without
obtaining a warrant, enter at any reasonable hour
(a) any premises that the officer or guardian has reason to
believe are permit premises, or
(b) any other premises where
(i) any authority is required by or under another statute,
including a federal statute, to possess any subject
animals or endangered organisms, or
(ii) a commercial service in relation to butchering,
skinning, dressing or plucking dead subject animals
is offered,
and where the officer or guardian has reason to believe that subject
animals or endangered organisms may be found at the time of
entry, other than the living quarters of a private dwelling, for the
purpose of inspecting the premises and any subject animals and
endangered organisms found in them and any records required to
be kept by or under this Act or the Fur Farms Act.
(2) If it appears to a justice, on information laid before the justice
on oath, that there are reasonable and probable grounds for
believing that the living quarters of a private dwelling contain any
premises referred to in subsection (1), the justice may issue a
warrant authorizing an officer or guardian to enter those quarters,
by force if necessary, for the purpose of inspecting the quarters and
any subject animals and endangered organisms found in them and
any records referred to in subsection (1).
(3) Before entering the living quarters under subsection (2), an
officer or guardian shall take reasonable steps to find the person in possession of them and shall endeavour to obtain the consent of that person.
(4) A permit holder or other person in charge of the premises
referred to in this section shall, for the purpose of an inspection
under this section, give all reasonable assistance to the officer or guardian carrying out the inspection and provide access to all relevant areas of the premises and provide all information, records and copies required to be kept by or under this Act and all other records referred to in subsection (1).
RSA 2000 cW-10 s72;2002 c30 s33;2003 c49 s14;2011 c12 s32(21)
Powers of seizure
74(1) A wildlife officer or wildlife guardian may seize anything
that the officer or guardian believes on reasonable and probable grounds may afford evidence of, or was used in, the commission of an offence against this Act.
(2) The officer or guardian shall, on seizing anything under
subsection (1), give a receipt for it to the person, if any, having
physical possession of it when it was seized.
RSA 2000 cW-10 s74;2002 c30 s33;2003 c49 s15
