Anyone managed to have trespassers charged?

[redd foxx]

Wow. You really missed the point there. If I said "I can drive a car", I suppose you'd say "No!!! You can't drive over people because murder is illegal!!!"

Didn't miss the point. Quite the contrary....as we've seen in this post and others, readers do take what they read quite literally. I don't want someone reading what was posted and deciding by simply putting a tag on an animal makes everything OK.

[Greenhorn]

A little off. It was a windy night, and I shot a goose that went onto the neighbours property . Contacted them and asked to look for it with a dog. Said "no" . Called MNR, they told me to change where I hunted, so the game died on my property. Shooting a deer gives no rights once it crossed to another property with no permission to retrieve. Try to get permission in advance or hunt as far away as possible from property that not legal to enter.

[rick_iles]

A little off. It was a windy night, and I shot a goose that went onto the neighbours property . Contacted them and asked to look for it with a dog. Said "no" . Called MNR, they told me to change where I hunted, so the game died on my property. Shooting a deer gives no rights once it crossed to another property with no permission to retrieve. Try to get permission in advance or hunt as far away as possible from property that not legal to enter.

Nice neighbours !!!!

[welsh]

If you have killed a deer while trespassing without permission or shot one at night or shot one during the closed season.....you cannot legally possess it by putting a tag on it.

You do not need to tag a deer to "possess" it. Possession is not ownership, but control. I can possess stolen property, for example. The quoted section makes it an offence to possess (i.e., have in your control with intent) any wildlife taken illegally. It applies equally to the landowner; to lawfully take possession, he needs approval.

Ownership is another question. You take ownership, not just possession, by tagging the deer. The deer becomes property.

[benjhind]

Didn't miss the point. Quite the contrary....as we've seen in this post and others, readers do take what they read quite literally. I don't want someone reading what was posted and deciding by simply putting a tag on an animal makes everything OK.

\
In no way did I state or imply that tagging a deer excuses it from poaching it.

A person who read my post and "took it literally" would have learned how ownership of a ball that crosses a fence is different from ownership of a deer.

[redd foxx]

In no way did I state or imply that tagging a deer excuses it from poaching it.

You can lawfully possess a deer by tagging it

If a deer has been poached and a person tags it, that doesn't make it legally possessed as possessing it, if it was taken illegally, is an offence.

I agree with Welsh as well. You don't need a tag to legally possess a deer. It needs to be reported though if it was obtained by other than legal hunting.

[steelshot]

My wife and i were on private property not marked....Honest mistake....Every time we went hiking we would clean some slobs mess....We even cleaned up old sleeping bags. dozens of beer bottles. and food rappers.....The bone heads cut trees for fire wood and only took a fraction of the wood so i decided to take my chainsaw in the bush and swing it for a while and tidy up there mess.....Land owner "caught" us and we explained his land (in Newfoundland) was unmarked and it was on a very well worn trail threw his property that started on public land....He stopped me and asked "Was it you guys in here cleaning up peoples mess?" Yup i said back....What you doing with this wood your cutting....Just cleaning it up....He asked do you burn wood? Yup i said....He said any time you want come on my land and cut as much wood as you need! It was the start of a real good friendship....

[Cintax]

My wife and i were on private property not marked....Honest mistake....Every time we went hiking we would clean some slobs mess....We even cleaned up old sleeping bags. dozens of beer bottles. and food rappers.....The bone heads cut trees for fire wood and only took a fraction of the wood so i decided to take my chainsaw in the bush and swing it for a while and tidy up there mess.....Land owner "caught" us and we explained his land (in Newfoundland) was unmarked and it was on a very well worn trail threw his property that started on public land....He stopped me and asked "Was it you guys in here cleaning up peoples mess?" Yup i said back....What you doing with this wood your cutting....Just cleaning it up....He asked do you burn wood? Yup i said....He said any time you want come on my land and cut as much wood as you need! It was the start of a real good friendship....

You and your wife are clearly good people. Nice to hear about good deeds done.

[brent]

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

BS on the landowner having to retrieve the deer or be charged. Refusing entry onto private property does not put the onus onto the landowner to retrieve it.

[brent]

LOL here we go again, OK I agree with you that the landowner cannot dent entry to the CO as I have just posted the relevant section of the Act. I also agree they have no claim to the deer just because its on their land.

However I disagree with you about the deer being the property of the hunter.IMHO it only becomes the property of the hunter after its legally tagged and no laws were broken to retrieve it.You cannot tag that animal until such times as your legally on the property.

Entry on private land
94. A conservation officer acting under this Act may enter private land and may authorize any other person acting under his or her direction to enter private land, with or without the officer, for the purpose of assisting the officer. 1997, c. 41, s. 94.

So I suppose reading this section a CO could authorize you to enter the private land and you and him retrieve the deer, but "benjhind" just posted most CO,s will not do this for you its entirely up to their discretion. I don,t know the policies of the District Offices but I tend to agree with benjhind they might not want to do much for you.

Perhaps one of our retired CO,s will give us some more advice.

If the CO is not conducting an actual investigation and there was nothing illegal about the way the deer was taken, then how is the CO acting under the act????

Acting under the act implies an active investigation.