Anyone managed to have trespassers charged?

[Gilroy]

Its left up to the discretion of the officer .....been there done that .....shot a deer and we tracked it to private land where it had dropped.....called MNR, they came and told us we had to obtain permission from the said landowner to get it...if the landowner says no then it now is up to the landowner to retrieve and not let it spoil since it is on there property and if they did not, the owner would be charged......most would say go get it cause they dont want the responsibility......this scenario happened as it was shot legally and not poached....if a crime is committed than yes the deer is seized

This has been discussed a few times and I believe even referenced to Ask A CO. From what I remember there is NO OBLIGATION on the owner of property to retrieve a deer on their land shot outside of it by another hunter.They would also not be charged for wasting the meat as they did not shot the animal.

This answer kinda makes sense to me ie the landowner is a 80 year old grandmother and your forcing her to retrieve a deer from her back 40.


p.s. mark270wsm gave you this advice back in 2014 on the same topic


The landowner is not obligated to find and/or use the animal.
If the landowner does use the animal, they must report the acquisition

right from the mnr... you had a bad lawyer

[Gilroy]

explain why i would get my arse in a wringer for thinking the way i do.....u lost me on that one

Well you should not be lost on this one as its all been discussed in the past and you were given the answers in the past.You also appeared to have gotten your arse in a wringer in the past.



Mount Sweetness.....I don't think this is crap at all...stop reading it then but there is people who are misunderstood for things and think they know everything when it comes to hunting and fishing laws but actually know jack ......even I didn't think it was going to be this big of a deal over a simple trespassing charge but it was.....a lot of people think the same way as I did with this given issue.....didn't think we would get 3 charges out of this.....between the 3 of us it was $3200 in total fines and my case was dropped as I was not sworn in before the court so the total would have been $6000....ALL OVER A SIMPLE TRESPASSING ACT......

Post #103 15th Dec 2014 Permission to retrieve deer.

[trimmer21]

explain why i would get my arse in a wringer for thinking the way i do.....u lost me on that one

Because any Police Constable or CO,when confronted by someone that thinks they know the legalities,but,really don't and start running their mouth,will deliberately lay every charge they can think of if for no other reason than to prove a point. Sometimes it's better to just zip it.

[welsh]

Its left up to the discretion of the officer .....been there done that .....shot a deer and we tracked it to private land where it had dropped.....called MNR, they came and told us we had to obtain permission from the said landowner to get it...if the landowner says no then it now is up to the landowner to retrieve and not let it spoil since it is on there property and if they did not, the owner would be charged......most would say go get it cause they dont want the responsibility......this scenario happened as it was shot legally and not poached....if a crime is committed than yes the deer is seized

Different situation.

If a hunter shoots a deer that jumps a fence and expires on your property, you are not obliged to give him permission to get it. You can take possession of the deer.

However, if a hunter is trespassing on your property and shoots a deer, you have no legal grounds to prevent him removing that deer when he leaves. The deer is not your property. If the hunter already has possession of the deer, it's his. The CO can confiscate it, but you can't.

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[Gilroy]

This is true but who says the trespasser is leaving your property.You have the right to arrest him and deliver him into the hands of the police, problem solved.When the CO or Police arrive the trespasser gets charged and losses his poached deer, problem solved.

[welsh]

This is true but who says the trespasser is leaving your property.You have the right to arrest him and deliver him into the hands of the police, problem solved.When the CO or Police arrive the trespasser gets charged and losses his poached deer, problem solved.

The claim was that the landowner gets to keep the deer. Doesn't happen in that scenario, either.

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[Gilroy]

The claim was that the landowner gets to keep the deer. Doesn't happen in that scenario, either.

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Never said it did.

But the landowner can ask the CO for the deer and would be granted a permit to possess and could keep the deer.Short of that the deer goes off to the foodbank.

[welsh]

Never said it did.

But the landowner can ask the CO for the deer and would be granted a permit to possess and could keep the deer.Short of that the deer goes off to the foodbank.

I didn't say you did say that. I wasn't responding to you, but to deerslayer, who has suggested that ownership of a deer passes to the landowner automatically, by dint of owning the property.

Since we agree this is not the case, I'm unclear on why you're arguing the point.

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[Gilroy]

I didn't say you did say that. I wasn't responding to you, but to deerslayer, who has suggested that ownership of a deer passes to the landowner automatically, by dint of owning the property.

Since we agree this is not the case, I'm unclear on why you're arguing the point.

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I cant read anywhere that deerslayer says the deer passes automatically to the landowner?

In fact it appears you take this position.

[COLOR=#333333]"Different situation.

[COLOR=#333333]If a hunter shoots a deer that jumps a fence and expires on your property, you are not obliged to give him permission to get it. You can take possession of the deer."

[welsh]

Post 74.

Grow up.

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