Anyone managed to have trespassers charged?

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Originally Posted by welsh

Possession requires control, knowledge, and consent, right?

The landowner who refuses the hunter access arguably has control of the deer, knows he has control of the deer, but how does he consent to its possession? I don't think refusing access establishes that. You can't force a person to be responsible for a thing by dumping it on him.

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Exactly....knowledge, consent, control. Textbook OPC...lol.

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Originally Posted by trimmer21

I can not ever remember being refused entry to private property after being requested to attend by a hunter who had been refused permission to enter private property to retrieve a downed animal and it used to happen a lot during hunting season. Once the cruiser drove in the driveway,the occupier was asked politely for permission for the hunter and they almost always said "OK." It used to piss me off because we had to make a special trip usually when we were in the middle of something else. I could never understand why a landowner/occupier just couldn't be reasonable in the first place. Some people just live to be a**holes.

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There are many people that set up on property lines knowing full well the deer is likely going to cross into the property they don't have permission on. The time to get permission to enter private property to retrieve game is before the hunt even starts. If permission is not obtained, maybe you should rethink your plan.

A case could even be made that a hunter shooting a deer that he knows he may not be able to legally retrieve should in fact be charged himself.

I have seen Deer travel more than 200 yards with a good shot. How far should you be away 1000 yards?

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Originally Posted by brent

There are many people that set up on property lines knowing full well the deer is likely going to cross into the property they don't have permission on. The time to get permission to enter private property to retrieve game is before the hunt even starts. If permission is not obtained, maybe you should rethink your plan.

A case could even be made that a hunter shooting a deer that he knows he may not be able to legally retrieve should in fact be charged himself.

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Originally Posted by brent

A case could even be made that a hunter shooting a deer that he knows he may not be able to legally retrieve should in fact be charged himself.

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I thought that many times,but,trying to prove "intent" would be like pushing a chain. I doubt any Crown Attorney would buy in to it.

Is this thread still going ? lol

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Originally Posted by brent

If the CO is not conducting an actual investigation and there was nothing illegal about the way the deer was taken, then how is the CO acting under the act????

Acting under the act implies an active investigation.

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The scenario we were dealing with was a hunter shooting and wounding a deer which runs onto another persons property where he/she does not have permission by the landowner to retrieve it.If the hunter calls the MNR to help retrieve the deer I believe the CO is conducting an actual investigation. We are all assuming there was nothing illegal done up to that point,but now that the CO has got a complaint from the hunter about being unable to get to the deer it would be an active investigation.

It would also be an active investigation if the landowner calls and complained about the hunter entering the land for the deer.In both cases the CO would be able to enter that private land.

What offence is the CO investigating, if a landowner refuses him entry? What is the complaint?

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Originally Posted by welsh

What offence is the CO investigating, if a landowner refuses him entry? What is the complaint?

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Doesn't need an offence would believe the report of a wounded, or unrecovered animal is enough for them to investigate if there is or not.

Au contraire. There is no investigation without some reasonable grounds to think an offence has been committed.

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Originally Posted by greatwhite

I have seen Deer travel more than 200 yards with a good shot. How far should you be away 1000 yards?

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Tough to do for bow hunting. For rifle/shotgun use a breakdown shot (shoulder or cns).