CO activity around Marlbourough forest lately

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Originally Posted by Blutck

Been a while, but I believe OPP and CO's are designated "Peace Officers" while regular constables are designated "Police Officers". That designation gives them the authority what laws can be enforced by them.

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Both are Conservation officers under FWCA.

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Originally Posted by anfield21

I've yet to ever see a CO in my 20+ years of hunting. I have been in Marlborough forest lately for some rabbit hunting and plan on it again this weekend. Maybe I will pop my CO cherry this weekend? People who obey the law shouldn't have much to worry about, I would gladly allow them to search my vehicle because I know they would never find anything incriminating.

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Why would you be so keen to give up your Charter Rights and allow a CO to engage in a fishing expedition which could only turn out one way for you if anything was found.They are required to follow the law and it states:
Inspection of conveyance
89. (1) A conservation officer may stop a conveyance if he or she has reasonable grounds to believe that stopping the conveyance would assist in determining whether there is compliance with this Act or the regulations. 2009, c. 33,

So a search of your parked car would require some "reasonable grounds" you were violation of the Act.

Thanks Gilroy, that needed to be pointed out.

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Originally Posted by Gilroy

Why would you be so keen to give up your Charter Rights and allow a CO to engage in a fishing expedition which could only turn out one way for you if anything was found.They are required to follow the law and it states:
Inspection of conveyance
89. (1) A conservation officer may stop a conveyance if he or she has reasonable grounds to believe that stopping the conveyance would assist in determining whether there is compliance with this Act or the regulations. 2009, c. 33,

So a search of your parked car would require some "reasonable grounds" you were violation of the Act.

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I was thinking the same thing Gilroy. Again back to my original statement that suspicion isn't a reason to search my vehicle unless I am being arrested and detained.

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Originally Posted by yellow dog

I was thinking the same thing Gilroy. Again back to my original statement that suspicion isn't a reason to search my vehicle unless I am being arrested and detained.

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10-4 on that one.

The standard of reasonable grounds to believe is greater than mere suspicion but less than on a balance of probabilities when the totality of the circumstances are considered.[5] It is also greater than "[m]ere suspicion, conjecture, hypothesis or ‘fishing expeditions’".

The FWCA says,
90. (1) For the purpose of this Act or the regulations, a conservation officer may enter and inspect a building or other place in which the conservation officer believes on reasonable grounds there is any work or undertaking or any other thing to which this Act or the regulations apply....

Reasonable grounds to believe a thing to which the Act applies -- fish, game, or firearms -- is in your vehicle empowers a CO to enter and inspect that thing. This is well short of reasonable grounds to believe an offence has been committed. He needs only grounds to believe you caught a fish and kept it, or shot an animal, or have been hunting and have your gun with you.

Note that this is inspection, i.e. examining the thing to ensure compliance, not search, i.e. looking for a thing.

And they can do a search by looking into the window of the vehicle and not entering the vehicle.

The law specifically empowers them to enter the vehicle if they have reasonable grounds to believe a thing to which the FWCA applies is inside.

Reasonable grounds would be the CO /OPP actually seeing the crime happen. Not a hunch , suspicion or a someone saying that they may have seen a crime take place would be considered reasonable. They would need to produce a search warrant.

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Originally Posted by Gilroy

Why would you be so keen to give up your Charter Rights and allow a CO to engage in a fishing expedition which could only turn out one way for you if anything was found.They are required to follow the law and it states:
Inspection of conveyance
89. (1) A conservation officer may stop a conveyance if he or she has reasonable grounds to believe that stopping the conveyance would assist in determining whether there is compliance with this Act or the regulations. 2009, c. 33,

So a search of your parked car would require some "reasonable grounds" you were violation of the Act.

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A member of the R.C.M.P. also has the powers, we have for a number of years been checked out at our ponds that we had leased for duck hunting.