Anyone managed to have trespassers charged?

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November 26th, 2016, 11:22 AM
finsfurfeathers

Quote:

Originally Posted by baby123

My 2 cents worth....A few years ago we were hunting my Bro- in laws bush...signed with NO TRESPASSING...Did a push...got to top end and heard bang..bang at the back end....All our guys were out...so we drive around and there are 3 guys with deer down..just getting ready to field dress it...so after a heated exchange of words...OPP and MNFR are called...and low and behold they show up...A few more words exchanged...and Bro- inlaw wants them charged....And we want the deer...Guess what..neither happened....so much for the enforcement of the laws..And that was in 89B......Just my experience with trespassers...and the law

Well I can understand not getting the deer as its not yours. Unless your property is a high fence property game on it belongs to the crown contrary to the belief of some landowners. As for no charges being laid that's another story.
November 26th, 2016, 11:47 AM
stragglelake

To bad it wasn't at the Rogers Centre .......

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November 26th, 2016, 12:06 PM
Gilroy

Quote:

Originally Posted by sickofitall

If you're going to call the cops then you better not be making up fairytales. An A hole can be an A hole but if they haven't threatened you don't spew stupid BS because you feel it will add spice to your complaint. I say this as a guy who ran into an anti walking his dog on crown land. He made his opinion of hunting known quite irately. I unloaded my shotgun specifically while telling him I didn't want him to feel intimidated, I explained the laws, seasons and asked him if he would like to see my license. He just continued his tantrum, I told him if he wouldn't accept what I had to say then call the MNR and they will verify what I told him. Sooooo, I was greeted at the road by an OPP Officer at gunpoint demanding I "drop my weapon" you see the turd anti told the cops I threatened to kill him with my gun. It was a long, drawn out irritating experience. The MNR finally was called in, interviewed me and my companions who were spread out but trickled in as time wore on, CO told cops your complainant lied to you, these guys aren't the type to threaten and they are 100% legal and in the right. Best part was when officer pistol pointer told me I was lucky he wasn't going to charge me (with what?) and to never come back there again. My friends were spooked, I wanted a badge number for a complaint and everyone told me to shut up and not push it.
Yes, I have a problem with people who makeup lies. So no, if it's BS you're calling in its bad advice, if it's the solid truth, by all means tell it as it truly is

A complaint involving a alleged verbal threat is tricky to investigate but here is my advice to you and anyone else reading this.

If your approached by a police officer you should comply with the verbal instructions especially when you have a potential weapon.

Once you do this you need to ask right away what the COMPLAINT is?

The next question I would ask the officer is DO YOU HAVE A WRITTEN AND SIGNED COMPLAINT in your memo book.

If the answer is YES request to see the complainants statement,every page should be initialed and signed at the end.

You then have the opportunity of giving your own statement in writing or you can ask the officer to read you your charter rights
and your right to remain silent.

Without the officer having requested the complainant provide a written statement he/she is pretty well FREE to change their tune so to speak.

I have found out that once you pull that memo book out and start writing thinks change pretty quick.

If you feel the complainant is a bull..... a verbal warning that a charge for Public Mischief will be laid if
your investigation uncovers lies goes a LONG..way to deter phoney complaints.

This police officer by passing the buck to the MNR for investigation reneged on his duty to perform a proper investigation of an alleged criminal matter.

You should have got a badge number and you should have pushed it because officers like this are left to stumble along without proper training and accountability they don,t get better.
November 26th, 2016, 03:04 PM
Deerslayer99

Quote:

Originally Posted by finsfurfeathers

Well I can understand not getting the deer as its not yours. Unless your property is a high fence property game on it belongs to the crown contrary to the belief of some landowners. As for no charges being laid that's another story.

wrong....if those deer were down and shot on private property, then the persons involved should have been charged with trespassing for one, possession of illegal deer because they were taken on private property without permission and thirdly if the landowner says no you cant retrieve the downed deer, the deer are now the landowners and up to the landowner to make every effort possible to retrieve and process so they do not spoil.......they become the landowners responsibility if the said landowner says No, only
November 26th, 2016, 03:24 PM
Deerslayer99

Quote:

Originally Posted by trimmer21

It's hard to have them charged,but,well worth it to "send the message" because they'll whine and cry and b**ch. The important thing is that they'll do all that to their friends who are likely the same sort,so,the word gets around pretty quick. Unfortunately,the ticket is only $200. If it was $1K for a first offense and $3K if caught again,these a**holes would think a lot harder before pulling their BS.

There is no set fine for trespassing under the fish and wildlife act.....it could be anything they want to charge you with....
November 26th, 2016, 03:27 PM
rick_iles

Quote:

Originally Posted by Deerslayer99

There is no set fine for trespassing under the fish and wildlife act.....it could be anything they want to charge you with....

Not really ......

10(1) (a)

Trespass for the purpose of hunting

Set Fine: $100.00

Total Payable: $125.00

[COLOR=#000000]A person shall not,

(a) enter premises in contravention of the Trespass to Property Act for the purpose of hunting or fishing;

However, the officer can still go by way of Part III, sending the subject to court. The JP will then assess the fine, depending on the circumstances....
November 26th, 2016, 04:23 PM
finsfurfeathers

Quote:

Originally Posted by Deerslayer99

wrong....if those deer were down and shot on private property, then the persons involved should have been charged with trespassing for one, possession of illegal deer because they were taken on private property without permission and thirdly if the landowner says no you cant retrieve the downed deer, the deer are now the landowners and up to the landowner to make every effort possible to retrieve and process so they do not spoil.......they become the landowners responsibility if the said landowner says No, only

You are so wrong. If anything the deer would be seized as evidence. No free lunch here.
November 26th, 2016, 04:42 PM
Gilroy

Quote:

Originally Posted by baby123

My 2 cents worth....A few years ago we were hunting my Bro- in laws bush...signed with NO TRESPASSING...Did a push...got to top end and heard bang..bang at the back end....All our guys were out...so we drive around and there are 3 guys with deer down..just getting ready to field dress it...so after a heated exchange of words...OPP and MNFR are called...and low and behold they show up...A few more words exchanged...and Bro- inlaw wants them charged....And we want the deer...Guess what..neither happened....so much for the enforcement of the laws..And that was in 89B......Just my experience with trespassers...and the law

I always love a story with details missing and the readers get to fill in the gaps.You said the property was signed 'No Trespassing' but you did not mention if the "back end" of the property was posted.

This leads me to assume it was not and the trespassers were adjoining property owners who simply strayed over their property lines.

Therefore the MNR and OPP could not lay any charges.

You would have no claim to the deer in this event and also no claim to the deer even if they were trespassing.

Once the deer had been tagged as I have to assume it was it would belong to the group who shot it.

Now you don,t tell us if the deer was seized so again I assume it was not.

Kinda hard to figure out what your complaint is given the lack of details.
November 26th, 2016, 04:54 PM
Gilroy

Quote:

Originally Posted by Deerslayer99

wrong....if those deer were down and shot on private property, then the persons involved should have been charged with trespassing for one, possession of illegal deer because they were taken on private property without permission and thirdly if the landowner says no you cant retrieve the downed deer, the deer are now the landowners and up to the landowner to make every effort possible to retrieve and process so they do not spoil.......they become the landowners responsibility if the said landowner says No, only

Any deer kept by a landowner found on his property after an illegal hunt OR if he/she refused retrieval of the animal where it was shot of property and ran into the owners property would have to be reported to the MNR. The landowner would then request a Permit to Possess the deer which might or might not be issued to the landowner.This is the correct way to do it.

The incorrect way to do it is to simply keep the animal the way you suggest, only to have the MNR CO,s turn up at your home with a search warrant looking for a deer YOU poached.They having received a "tip" from the hunters who you refused entry to retrieve the deer from your land or even the trespassers.

Now your in a pickle with a deer hanging in your garage and trying your best to explain you really didn't poach the deer. LOL
November 26th, 2016, 06:59 PM
trimmer21

Quote:

Originally Posted by Deerslayer99

There is no set fine for trespassing under the fish and wildlife act.....it could be anything they want to charge you with....

Quote:

Originally Posted by rick_iles

Not really ......

10(1) (a)

Trespass for the purpose of hunting

Set Fine: $100.00

Total Payable: $125.00

[COLOR=#000000]A person shall not,

(a) enter premises in contravention of the Trespass to Property Act for the purpose of hunting or fishing;

However, the officer can still go by way of Part III, sending the subject to court. The JP will then assess the fine, depending on the circumstances....

Quote:

Originally Posted by Gilroy

Any deer kept by a landowner found on his property after an illegal hunt OR if he/she refused retrieval of the animal where it was shot of property and ran into the owners property would have to be reported to the MNR. The landowner would then request a Permit to Possess the deer which might or might not be issued to the landowner.This is the correct way to do it.

The incorrect way to do it is to simply keep the animal the way you suggest, only to have the MNR CO,s turn up at your home with a search warrant looking for a deer YOU poached.They having received a "tip" from the hunters who you refused entry to retrieve the deer from your land or even the trespassers.

Now your in a pickle with a deer hanging in your garage and trying your best to explain you really didn't poach the deer. LOL

Yep!! What they said.. Take special note,Deerslayer99. Thinking the way you do,you're a prime candidate to inadvertently get your arse in a wringer and it happens all the time very easily. We just don't hear about it much,that's all.

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