There is a lot more laws involved with how this could have played out also if we knew the owner and were denied.....YES the landowner has to make every effort to retrieve the deer and have it processed properly or YES they can be charged.......
Printable View
There is a lot more laws involved with how this could have played out also if we knew the owner and were denied.....YES the landowner has to make every effort to retrieve the deer and have it processed properly or YES they can be charged.......
One thing I can say for sure, Osgoode Hall has nothing, and I mean nothing, on this thread! Mind boggling!
So basicaly what your telling us is you got caught trespassing while retrieving a deer, then without getting permission to be on that land then you got what was deserved. Did you learn from it, I would hope so and hopefully word spread to your hunting friends that you just can't wander onto everyone's property without first asking for permission.
The LAND OWNER is NOT Responsible for game retrival .. he can let it rot and there is Jack the hunter or the co can do . the above case would have lots of fines tresspassing possesion of a illeagle deer transportation of a ileagle deer for each hunter involved they could confisacate your quad truck rifle ect anything involved in the illeagle act of the ileagle hunt .
also if a hunter shoots a deer and askes landowner to get deer and the owner says no and the owner gets deer they do not need a licence to posses a shot deer just a simple call to the mnr office to talk to a co and the deer is theirs
The reference to swampland, I believe, was to your statement about the landowner assuming responsibility if they deny access, not that you could be charged/convicted for this. I think everyone here accepts that as the way the law works.
Also, I'd guess that your trespass fine was trespass to hunt, not simple trespass - because aside from the hunting aspect of it, you haven't posted anything that indicates you broke simple trespass laws (land was posted, standing crops, staying after being asked to leave- that stuff).