No hunting signs on my goose hunting spots.

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Originally Posted by redd foxx

Even though the law as provided above is quite clear, my thought is that common courtesy would mean asking the landowner for permission, and it may prevent a landowner approaching you after you have entered and telling you to leave (which you would be obligated to do) and ruining your hunt. I don't like signs on my property and do appreciate the courtesy of a hunter coming to my door and asking permission. I wish the law would change putting the onus on the hunter to get permission.

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Assuming there is a house on the property I would agree. Often that is not the case or when you knock on a door they don't have info for landowners

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As D782 said, it really depends on the property and where it's located.Know of 1 land owner that leases land. While he will often give permission for people to enter. He has in the past had some problems with the person he leases the land to, who acts like he owns it. Common courtesy always goes for miles, however......



We may think the onus should be on "hunters", but that's impractical. It would akin to the province requiring drivers to check with them, to find out what speed limits are on roads/highways.

So far the discussion has centered around entering for the purpose of hunting. What if your tracking a buck/doe and it enters property you know to be privately owned, doesn't fall under 3.1 and is not posted in any way.....

still going to spend a few days trying to track the owner down in vain?
or knock on their door at midnight?

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Originally Posted by JBen

So far the discussion has centered around entering for the purpose of hunting. What if your tracking a buck/doe and it enters property you know to be privately owned, doesn't fall under 3.1 and is not posted in any way.....

still going to spend a few days trying to track the owner down in vain?
or knock on their door at midnight?

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Nope! That's a case where a hunter may enter property to retrieve game,BUT, must leave when told by a landowner. In that case,a trespassing charge may be laid only if the trespasser refuses to leave as directed.

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Originally Posted by trimmer21

Nope! That's a case where a hunter may enter property to retrieve game,BUT, must leave when told by a landowner. In that case,a trespassing charge may be laid only if the trespasser refuses to leave as directed.

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Where do you come up with this crap? I swear, I read more total BS from you than anyone else on this whole site. No offense, but you shouldn't spew out stuff you "think" is right.

Show me where I could find this written in some sort of act or regulation.

S.

Trimmer
If the land/property isn't one of the below in 3.1, and it's not posted in any way. Said hunter ISN"T trespassing. Period.

Prohibition of entry

3. (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,
(a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
(b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).
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whether or not a landowner subsequently ask a person to leave, which is utterly no different than inviting a bunch of people over for a dinner party, then asking one of the guest to leave (for whatever reason). Well thats a different topic than what's being discussed (which is whether or not people who enter unposted property are "in the wrong") or should in any way, be made to feel as though they are.

/edit
Wish I could figure out why various formats( font colour, quoting etc) are mucking up
:)

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Originally Posted by Sinker

Where do you come up with this crap? I swear, I read more total BS from you than anyone else on this whole site. No offense, but you shouldn't spew out stuff you "think" is right.

Show me where I could find this written in some sort of act or regulation.

S.

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I was in law enforcement for many years and dealt with hunter trespassing complaints on a weekly basis. Read the Trespass to Property Act and the Occupiers Liability Act and actually read what it says,not what YOU think it says. They go hand in hand and it's all in their,then,you can search and read the case law that goes with them. Go nuts!!

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Originally Posted by JBen

Trimmer
If the land/property isn't one of the below in 3.1, and it's not posted in any way. Said hunter ISN"T trespassing. Period.

Prohibition of entry

3. (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,
(a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
(b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).
******************

whether or not a landowner subsequently ask a person to leave, which is utterly no different than inviting a bunch of people over for a dinner party, then asking one of the guest to leave (for whatever reason). Well thats a different topic than what's being discussed (which is whether or not people who enter unposted property are "in the wrong") or should in any way, be made to feel as though they are.

/edit
Wish I could figure out why various formats( font colour, quoting etc) are mucking up
:)

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That's exactly what I said. Tell that to Sinker. He thinks we're all wrong.:rolleyes:

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Originally Posted by Sinker

Where do you come up with this crap? I swear, I read more total BS from you than anyone else on this whole site. No offense, but you shouldn't spew out stuff you "think" is right.

Show me where I could find this written in some sort of act or regulation.

S.

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Trimmer is bang on ! Pretty much all land in our neck of the woods requires no posting. In the north, not so much. Under the Trespass to Property Act, there are basically three offences, entry when prohibited, engage in prohibited activity or failure to leave when directed. A charge under the FWCA for trespass to hunt is more severe.

I would suggest if you are a land owner and are posting no hunting or trespassing signs - then write "posted by landowner" on each sign.

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Originally Posted by trimmer21

That's exactly what I said. Tell that to Sinker. He thinks we're all wrong.:rolleyes:

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Thats not even close to what you said. READ what you wrote.

Read 3.1b....its right there in plain english!

If you shot a deer, and it ran on to my property, that is fenced ( is there any property in southern ON that isn't fenced that's not a cultivated field, orchard, or managed forest etc???) You are tresspassing and I would kick you out simply because you were arrogant enough to not ask me. If I really wanted to be an , I would keep your deer too.

I let the neighbours know I'm hunting the next property and usually already have permission to retrieve my game before I even put my boots on.

If you cross a fence, generally, you are tresspassing.

S.