Why do hunter's need to steal?

riden said:
First, I was responding to the idea of booby trapping your stand on public property.

I have sat in several "PERMANEANT" stands on public property that I didn't build or own. I don't think I am in the wrong at all.

I have left my stand on private property before, but if I left it on public property, I think others can use it when you aren't there.
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Booby trapping, whether on public or private property, is illegal. I know a couple of us have joked about it in this thread, but clarification is clearly in order if you took us seriously. Even if it weren't illegal, it would be a particularly bad idea. Innocent children out climbing trees could get seriously hurt. Whatever your frustrations folks, indiscriminate violence certainly isn't the answer. Booby traps and things like poison bait are indiscriminate - they don't differentiate between the guilty and the innocent.

I know it's a serious piss off, but it's only a tree stand.

BTW, in case you thought I was serious, taping someone to a tree, naked, is known as assault. :p
 
i seen the Fish Cops Cutting down some this year... NO Tags on them. (name tags)

It's illLegal to keep them up over night in manitoba with out your name on them... (Crown land.) :"From what i was told."


Tree Stands and Blinds
Any tree stand or blind on Crown land must be clearly identified​


with the name and address of the person who placed it.
Tree
stands or blinds can only be left overnight on Crown lands for the
purpose of hunting deer, moose, elk, caribou, black bear and wild
turkey. ​
​

Tree stands and blinds being used to hunt deer, moose,
elk, caribou, black bear and wild turkey can be placed up to two
weeks before the season they are intended to be used for and all
parts of tree stands and blinds on Crown land must be removed
within two weeks of the close of the hunting season for which they
are used. Tree stands and blinds can be used to hunt any other
legally hunted wildlife as long as they are removed from Crown
lands and taken with the hunter when they are finished hunting​
for the day.

​
 
Question one, can you build a permanent stand on public land?

I've never really heard of anyone being charged for it. But at the same time take into consideration other users of the forest. Other hunters, fishermen, hikers, naturalists ect who use the area do not want to see some junk stand you've built by nailing 350 scrap boards to a tree, they're an eyesore. About 99% of them look like a bunch of 8 year olds played "build a tree fort" with daddies scrap wood pile and old railway spikes. I've seen a bunch made with old aluminum sheets, those old plastic/fiberglass roof sheets as walls, foam from large cushions as walls, cardboard, you name it and it shouldn't be allowed to stay there after you're done hunting at the end of the year. On top of that it is potentially illegal too in Ontario under the CFSA and you can technically be sued by a logging company that owns a forestry licence for the land you're hunting for damaging "their" tree. Highly improbable anyone will ever see repercussions though.

The next question, can other people hunt out of the stands/tree forts you've built?

No idea if its legal or not and theres really no laws on it, it really comes down to an ethical decision in my opinion. Same thing as using a picnic table you find a km back in the woods, no law says you can have it and leave it there, but no law specifically says you cant... well that I'm familiar with anyways. It could also be considered littering/dumping. You could also argue its a temporary dwelling which could give you the right to have it there for 21 days and therefore still giving you property rights to it and allowing yourself to kick others out of it.

Either way, if I pack it in its coming back out (tree stand at the end of season of course). Same with all my garbage.
 
personly if its on land i own and some one is tresspassing and stealing my stuff(and thats who ever hunter's,animal rights people,or even fish cops) if cought would be in trouble big time as if i owned the land it would have signs posted (fish cops would follow this but theres always some that think there immune to such things) thay would be held and the cops would be called

of corse i dont use tree stands as i dont climb ladders or anything without my feet firmly planted on a big serfice that said only thing ive ever hunting with any sort of ground blind is deer with my crossbow
 
camerl2009 said:
personly if its on land i own and some one is tresspassing and stealing my stuff(and thats who ever hunter's,animal rights people,or even fish cops) if cought would be in trouble big time as if i owned the land it would have signs posted (fish cops would follow this but theres always some that think there immune to such things) thay would be held and the cops would be called

of corse i dont use tree stands as i dont climb ladders or anything without my feet firmly planted on a big serfice that said only thing ive ever hunting with any sort of ground blind is deer with my crossbow
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If you hold someone and call the cops. You will be the one in bracelets. For something much more serious than trespassing or theft under $1000.
 
davemccarthy707 said:
If you hold someone and call the cops. You will be the one in bracelets. For something much more serious than trespassing or theft under $1000.
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not when the person is on my property ever hear of citizens arrest

my property with no permission when there signs posted saying no tresspasing = charge for the person who did the crime

hunting on land without permission is poching and stealing is a crimnal charge

if the police dont like it take it up with my lawyer :p

read up the ontario tresspassing laws it allows you to arrest a tresspasser and hold him but you have to turn them in to the police w:h:
 
camerl2009 said:
not when the person is on my property ever hear of citizens arrest

my property with no permission when there signs posted saying no tresspasing = charge for the person who did the crime

hunting on land without permission is poching and stealing is a crimnal charge

if the police dont like it take it up with my lawyer :p

read up the ontario tresspassing laws it allows you to arrest a tresspasser and hold him but you have to turn them in to the police w:h:
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Canada
Section 494. (Criminal Code)[8]
(1) ARREST WITHOUT WARRANT BY ANY PERSON
Anyone may arrest without warrant(s)
(a) a person whom he finds committing an indictable offence; or
(b) a person who, on reasonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person
(2) ARREST BY OWNER, ETC., OF PROPERTY
Anyone who is
(a) the owner or a person in lawful possession of property, or
(b) a person authorized by the owner or by a person in lawful possession of property
may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.
(3) DELIVERY TO PEACE OFFICER
Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

Trespassing is not a criminal offence in Ontario.

Trespass to Property Act of Ontario is provincial law in Ontario dealing with illegal entry into private and public property. As a provincial law, the penalties and mechanisms of enforcement are also provincial. This is important inasmuch as, under the Canadian system, criminal law is within the realm of the federal authority, so anyone violating this Act would be subject to quasi-criminal not full criminal enforcement. The Act is an attempt to put on the statute books what was formerly recognized by the common law. It is most often used by private property owners to keep unwanted individuals off the property. There are many methods of notifying unwanted individuals that they have been banned (for future access) but the most common is a personal notice to the offender

Trespassing is not a criminal offence in Ontario.
 
riden said:
I have left my stand on private property before, but if I left it on public property, I think others can use it when you aren't there.
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I understand that on public land I can't "claim" an area simply because I put a treestand there but I would still have a problem using someone else's stand. Just because they're not there doesn't mean they're not on their way and then all of a sudden you have an issue. Not worth it, I'll hunt somewhere else and leave the stand alone.
 
davemccarthy707 said:
Canada
Section 494. (Criminal Code)[8]
(1) ARREST WITHOUT WARRANT BY ANY PERSON
Anyone may arrest without warrant(s)
(a) a person whom he finds committing an indictable offence; or
(b) a person who, on reasonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person
(2) ARREST BY OWNER, ETC., OF PROPERTY
Anyone who is
(a) the owner or a person in lawful possession of property, or
(b) a person authorized by the owner or by a person in lawful possession of property
may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.
(3) DELIVERY TO PEACE OFFICER
Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

Trespassing is not a criminal offence in Ontario.

Trespass to Property Act of Ontario is provincial law in Ontario dealing with illegal entry into private and public property. As a provincial law, the penalties and mechanisms of enforcement are also provincial. This is important inasmuch as, under the Canadian system, criminal law is within the realm of the federal authority, so anyone violating this Act would be subject to quasi-criminal not full criminal enforcement. The Act is an attempt to put on the statute books what was formerly recognized by the common law. It is most often used by private property owners to keep unwanted individuals off the property. There are many methods of notifying unwanted individuals that they have been banned (for future access) but the most common is a personal notice to the offender

Trespassing is not a criminal offence in Ontario.
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As per Section 494 (1) (a), is trespassing not an "indictable offence" ?
Also, AFAIK, trespassing at night is a Criminal offence.
 
Big Game said:
I understand that on public land I can't "claim" an area simply because I put a treestand there but I would still have a problem using someone else's stand. Just because they're not there doesn't mean they're not on their way and then all of a sudden you have an issue. Not worth it, I'll hunt somewhere else and leave the stand alone.
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I get you, and I agree too. But I also know, not everyone does.

I used to hunt geese far north on public land, and we built snow blinds. What do you do if you show up and someone else is in it?

We go into moose camp a week early and get our camp ready so it is an easy set up the day we come in to hunt. We have lots of seasoned birch piled ready to burn and we do that during the summer. We spend a lot of time making sure moose camp in Nov is comfortable. But what if we show up on Friday night and another group has pitched their tent on our "spot" on public land? What can we do about it.

I just think about this a lot and am echoing it here. I am not trying to give you a hard time.
 
xeon said:
Question one, can you build a permanent stand on public land?
I've never really heard of anyone being charged for it. But at the same time take into consideration other users of the forest. Other hunters, fishermen, hikers, naturalists ect who use the area do not want to see some junk stand you've built by nailing 350 scrap boards to a tree, they're an eyesore. About 99% of them look like a bunch of 8 year olds played "build a tree fort" with daddies scrap wood pile and old railway spikes. I've seen a bunch made with old aluminum sheets, those old plastic/fiberglass roof sheets as walls, foam from large cushions as walls, cardboard, you name it and it shouldn't be allowed to stay there after you're done hunting at the end of the year. On top of that it is potentially illegal too in Ontario under the CFSA and you can technically be sued by a logging company that owns a forestry licence for the land you're hunting for damaging "their" tree. Highly improbable anyone will ever see repercussions though.

The next question, can other people hunt out of the stands/tree forts you've built?

No idea if its legal or not and theres really no laws on it, it really comes down to an ethical decision in my opinion. Same thing as using a picnic table you find a km back in the woods, no law says you can have it and leave it there, but no law specifically says you cant... well that I'm familiar with anyways. It could also be considered littering/dumping. You could also argue its a temporary dwelling which could give you the right to have it there for 21 days and therefore still giving you property rights to it and allowing yourself to kick others out of it.

Either way, if I pack it in its coming back out (tree stand at the end of season of course). Same with all my garbage.
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No you can't in Alberta, but I have seen plenty of them in places I hunt. IMO, if you build one on public land, it is everyone's, not yours.

In AB, you can only leave your stand on public property for either 10 days or 2 weeks.
 
In the area where a lot of people I know hunt, it's more common to share tree-stand set-ups. More often then not, this has prevented problems from taking place because the same guys are usually frequenting the same general areas. Most of the stands are permanent, but are some factory stands out there. And when the builder is known, he has first dibs on the stand but most of these guys like to try different locations that have been selected by others. And it's rare to find someone in one of my stands, but guys have told me... I tired out your stand... Most guys are honest about it, and I've told younger guys to try it out if they want. Most of the young guys would rather still hunt though, as they don't like sitting around for a few hours at a time. It seems to work and we all get the opportunity to see how someone else picks a spot.
 
If its a perminate structure on crown land.. The rule of dibs apply; If you got there first you can use it till your done using it. Me and friends have built small hunting cabins from scrap logs we liberated from a old clear cut. If we found some one using it we simply move on to the next one (and then move the other one after it is vacated). We have built perminate tree stands but the trick Is we have removable floor sections we pack in and lash down when we use them (the 2x10 are painted cammo and only securrd with a couple of 6 inch spikes on either end. Our laders we make onsight by lashing them and then unlashing when we leave. So our tree stands arn't an eye sore and arnt readly accessable.) Now if people were using them after we set them up and were active in the area I might take offense (and remove it first chance if the other hunter failed to yield it) but if I found one built up and in use apon moving in... Well I did leave the cross joists in place in a public area so who am I to tell somebody the th can't use them?
 
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