All I read mentioned "Alberta governement pledge to ban spear hunting." so we can assume it is still legal. If it isn't and they still haven't found out, how are we going to?Quote:
Originally Posted by TrapJack
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All I read mentioned "Alberta governement pledge to ban spear hunting." so we can assume it is still legal. If it isn't and they still haven't found out, how are we going to?Quote:
Originally Posted by TrapJack
They're just playing the PR game, whether it was their intention or not, the current regs preclude the use of a spear already. They are just going to add another bulletpoint to their "frequently asked" type section "illegal acts". which has never been a complete list, simply an overview of common problems. there is no need to change the wording of the actual laws, they won't touch them, the'll just add a warning to the guide essentially...Quote:
Originally Posted by seabast
I hear ya.. It's not an easy sell because everyone wants to understandably tell the antis to eff off, and they want to support hunters. suggesting anything that might put you on the same side of any argument with the peta types never gets good results... but the black and white letters in the regs tend to sway most, or at least attract more sensible conversationalists/debaters... They're around here, this thread is a reasoned example of how people can talk without name calling (so far....)Quote:
Originally Posted by Miller97
99% of the idiots disappear quickly. They tend not to educate themselves before posting something based on emotion, hearsay, etc... and after they get their, "you're an idiot, what are you talking about, you're the problem with hunters" stuff out of their system, they generally have nothing left to add and disappear while the adults talk.
The number of times of I have heard anti hunters say we should have to use a spear and now someone does it and they get upset.
[QUOTE=greatwhite;985896]The number of times of I have heard anti hunters say we should have to use a spear and now someone does it and they get upset.[/QUOTE]
And for once many hunters agree with them... The mange has spread....
I like that.....LOL...Quote:
Originally Posted by seabast
I am not sure
So I finally found a copy of the Alberta Wildlife Act:
http://www.qp.alberta.ca/documents/Acts/W10.pdf
Part 4 describes hunting and hunting related activities. Section 32 contains a list of what items are prohibited in hunting.
32 (1) A person shall not set out, use or have in the person’s possession for the purpose of hunting wildlife anything described in Item 1 of the Schedule.
(2) A person shall not have in the person’s possession while hunting wildlife anything described in the Schedule that is prescribed.
Section 40 gives a list of what items are prohibited in hunting certain game.
40 (1) A person shall not set out, use or have in the person’s possession for the purpose of hunting big game anything described in Item 2 of the Schedule.
(2) A person shall not have in the person's possession while hunting big game anything described in the Schedule that is prescribed.
So the way the law is written, as long as the item you are using is not on the Schedule list, you are good to use in the field.
Schedule
Items Prohibited for Hunting Purposes
Item 1
Items prohibited for hunting all wildlife
1 An arrow equipped with an explosive head.
2 A swivel set or spring gun
3 A firearm that is capable of firing more than one bullet during one pressure of the trigger or a firearm that can be altered to operate as such. This subitem prevails in the event of any conflict with the exception in subitem 10.
4 A poisonous substance described in section 32(5) or an immobilizing drug.
5 A light.
6 Repealed AR 134/2002 s17.
7 A shotgun of a gauge greater than 10 gauge.
8 A device designed to deaden the sound of the report of a firearm.
9 Recorded wildlife calls or sounds or an electronically operated calling device, except where a person is hunting
(a) migratory game birds with the use of calls or sounds that mimic snow geese, or
(b) crows, magpies, coyotes, red foxes or wolves with the use of calls or sounds that mimic any of these kinds of animal or
hares, rabbits or rodents.
10 A handgun, except a restricted firearm or a prohibited firearm of a kind that is a handgun for whose possession the holding of a license and a registration certificate is required by the Criminial Code (Canada), where a person
(a) uses the handgun to kill an animal caught in a trap, or
(b) is in possession of that handgun only for a purpose incidental to that use or the reasonable expectation of that use
11 Live wildlife
Item 2
Items prohibited for hunting big game
1 Ammunition of less than .23 caliber
2 Ammunition that contains non-expanding bullets.
3 An autoloading firearm that has a capacity of more than 5 cartridges in the magazine.
4 A shotgun having a gauge of .410 or less.
5 Any bait consisting of a food attractant, including a mineral and any representation of a food attractant.
6 Any arrow other than an arrow that has a tip that bears a head that
(a) is not intentionally designed to resist being withdrawn after it has penetrated an object, and
(b) is either (i) a solid, sharp cutting head of at least 7/8 inch in width, or (ii) a head that, when the arrow impacts, opens to present
sharp cutting edges at least 7/8 inch in width.
6.1 Any cross-bow that requires less than 100 pounds of pull to draw the string or cable to its cocked position.
7. An bow other than
(a) a cross-bow that requires 100 pounds or more of pull to draw the string or cable to its cocked position, or
(b) a bow that (i) is held, drawn and released by muscular power, and (ii) requires a pull of at least 40 pounds to draw an arrow
28 inches in length to its head.
8 A muzzle-loading firearm of less than .44 caliber.
9 Any trap that could be used to hunt big game.
The section on hunting doesn't involve any terminology of weapons when referring to the description of items allowable but refers to the items in the schedule which are not allowed to be used for hunting. Since a spear isn't currently on the list (though probably not for long), a spear must be allowed to be used for hunting. The item list isn't a FAQ of illegal items but what you can't use. The list is what is used by CO to enforce the law and judges to judge whether the law has been broken.
Dyth
You're missing the boat... Just because something isn't listed does not make it legal Dyth. You're falling into a trap. That is not a all-encompassing list, are you suggesting that i could use tannerite to hunt a moose? dynamite get a brown bear? or jump out of a tree and choke a black bear with barbed wire? Or take Elk by running them over with my boat while they cross a lake? just because it's not on the list? of course not, because AGAIN, that list is not complete. Just because something isn't specifically designated as illegal does NOT make it legal, regulations could never specify EVERY possible way of killing an animal illegally, the number is infinite. That's why they specify exactly what you can use, firearm, bow and arrow, and crossbow.
you're forget about a million other rules where a spear could fall such as abusing wildlife by not using approved legal hunting methods, the ONLY legal and approved methods of which are bow and arrow, crossbow, and firearm. as i have stated over and over and over, this is the fundamental and foundational regulation for big game hunting in ablerta, it's the first regulation listed in EVERY big game category, there are ONLY two LEGAL hunts, and the ONLY means you are allowed to use are bow and arrow, crossbow, and firearm.
Go hunt Caribou with mortars, and tell the judge "well it's not on the illegal list" and let me know how that goes.
Actually I am not missing the boat. You fail to understand the law. Whether you like it or not, our laws in this country follows the constitutional principal of English law which is everything which is not forbidden is allowed. Our country makes laws about what you can do by expressing what is not allowed.Quote:
Originally Posted by TrapJack
As for your examples, dynamite is a federally restricted item, you can't use a boat to kill, injure or harass wildlife, tannerite using your example actually happens in some of the US with feral pigs and I don't see anything in the game laws to suggest it is otherwise here (granted people probably haven't done it so the laws didn't have to change), and if you want to choke a bear with barbed wire, best of luck as it isn't illegal but most unwise. As for mortars, the game laws wouldn't be stopping you but the federal government as it is a prohibited weapon per the criminal code.
Which laws are you referring to which would incorporate wildlife? Wildlife law follows the various conservation acts (in whatever form they are in) hence the terminology of hunting as harassing, killing or injuring wildlife and then derive the laws to protect wildlife from that definition. Wildlife has no rights under any other law. That is why the wildlife law (or acts) are in place.
You want so desperately for this hunt to be illegal you are willing to ignore the law as it is written. The law in Alberta doesn't qualify illegal items as bow and arrow, crossbow and firearm. You are wrong. It qualifies illegal items under that list because that list is in the law. Slingshots are a method of hunting which is approved under Alberta law (and Ontario law too). They aren't a bow and arrow, crossbow or firearm.
Good grief Trapjack...Quote:
Originally Posted by TrapJack
You seem to have a one track mind, and now are on the verge of insulting others who don't share your "opinion".
1. The province of Alberta has openly admitted that the use of a spear constituted a loophole in the game regs. Which part of that did you miss in the myriad of articles posted on the same matter?
2. No charges were laid, and no charge will be laid for the same reason.
3. The Province of Alberta has publicly stated that they will be amending their game laws to encompass the use of spears. Why on earth would that be necessary if, ( according to you) that it was illegal, and plainly so in the first place?
Throw your credentials on the table friend. You're not an Alberta CO, nor are you a practicing member of the Bar in this Country. Your opinion, while argued fairly well, is just that.
You even admitted that he was legal in another thread! Your words:
[COLOR=#333333]There is nothing redeemable about that statement, and it's filled with inaccuracies and outright idiocy.
[COLOR=#333333]Legal hunter, yes. Someone that any of us should want as our most vocal and visible member? certainly not... And unfortunately to the world on todays date, that's what he is, our most vocal and visible fraternity member. and it's embarrassing. He's why we have to defend ourselves, idiots like him that make the most noise and scream the loudest.
The only one "missing the boat" is the one who stands firmly on the shore insisting that the tides not rising. ( metaphor intended).