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I don't know if your argument would hold up. Although yes you can legally hunt game with a dog its not defined that off leash is mandated. I'd have to double check but aren't blood tracking dogs for deer to be leashed? There are some care and control regulations that might also pertain.
I can understand the need to demonstrate care and control of your dog in a multiuse area I'd be happy if the guide line was amended to read leash or e-collar.
Well a hunter cannot hunt rabbits with a leashed beagle, the "policy" states you must have the dog leashed. So off leash is mandated that you cannot do it which flies in the fact of Provincial law.Quote:
Originally Posted by finsfurfeathers
The only care and control regulations would be bye laws for "dogs at large" but then there again they are allowing retrievers to be at large but not beagles.
There in lies the problem. A hunter can hunt rabbits with a leashed beagle although its at best extremely difficult and impractical. For your argument to work you'd have to rely on a regulation that mandates that only unleashed beagles are allowed to hunt rabbits. As it stand I believe the regs says you can use them but doesn't spell out how.Quote:
Originally Posted by Gilroy
Hunting with any hounds for rabbits or any other game implies they must be off leash just by the form of hunting ,a dog scenting a trail and barking. The regulations do not state how you use them as its common sense and the use is traditional over the centuries, so common practice. Same for retrievers off leash for ducks and small game.Quote:
Originally Posted by finsfurfeathers
This Conservation land "policy" is just that ,it is not law and does not supersede Provincial law.
To further strengthen a hunters case if a "township" license must be purchased in that area you would be in an even better court position.
then according to your interpretation if a landowner gives you permission to hunt their property however they say the dogs must be on lease you can say forget your policy and I'll still hunt your land?
Two different types of landowner IMHO. A Conservation authority manages public land on behalf of the Province and set's out a policy it would like to be complied with. A private land owner you become a guest on his land and he would set the rules. If he told you to leash your beagle when hunting rabbits on his land you would probably not hunt there. The Conservation authority set up rules saying you must be in compliance with provincial law but then decided to add in some of its own policies. They are not consistent, you cannot say a retriever can run off leash, but a beagle cannot run off leash.Quote:
Originally Posted by finsfurfeathers
The law does not state whether the dog is to be leashed or not. Unless you can find it, I believe it just states dogs can be used. Yes regulations do exist be it requirements for bow and arrow for game, firearms for big game, heck even restriction on guns and ammo for turkey. They are specific and both inclusive and exclusive.
Your argument hinges on the fact that the law specifically states dogs are to be used off lease. Yes its traditional and so forth but really is a protected right?
The vagueness in the law may not support your argument.
The reason the law is vague in relation to the hunting regulations is because its common sense, hunting dogs are used off leash. The only exception being using a dog to track and find big game after its wounded.Quote:
Originally Posted by finsfurfeathers
A Conservation authority cannot have it both ways or tailor the law to its need's.
It states in their booklet I linked to the forum that Provincial laws apply, but then lets a hunter use a retriever off leash but not a beagle.
So basically if your using a retriever you are good, if your using a beagle your suddenly a trespasser on land you have paid a permit fee to be on and your in compliance with the provincial law.
So the question to me is can a Conservation authority mandate what activities you engage in on public land and so supersede a Provincial Law.
A few times a summer and fall,I go hiking and mountain biking with the grandkids in The Ganaraska Forest. In the fall,I run into upland hunters who are using dogs,letting them do what dogs do off leash. More than once,they've been warned by GRCA staff that letting dogs run off leash is a big no-no,no matter whether they're hunting dogs or not,no exceptioins. Most CA's are the same way.
What would the charge be?Quote:
Originally Posted by trimmer21