Anyone managed to have trespassers charged?

[werner.reiche]

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 - you are correct on this. I am surprised to see the number of dissenting replies. Wow.
As to the "the CO said" replies, looks like there are a lot of CO's who don't know the laws related to this or how Ontario/Canada's legal system works. Double wow.

[rick_iles]

Rick, it's not often I disagree with your posts, and I do agree with your second sentence.

However, I disagree that exercising control over one's land equates to being in possession of something that may or may not be there.

With the exception possibly of the deer being in plain sight of everyone involved.

Well, if you read my post again, I said basically that the CO's were likely relying on the control, possession aspect. I didn't say I agreed with their interpretation. Being charged is a long way from being convicted !!

[rick_iles]

What if the landowner refusing permission is incapable of handling a dead deer? And there are many reasons a person may be incapable.

As well, I can see the OIPRD complaint now....."the CO threatened to charge me if I didn't let somebody enter my private property".

I don't think CO's are subject to OIPRD.

[brent]

I don't think CO's are subject to OIPRD.

Yes, that i'm not sure of. They are attending OPC now for BCT.

[brent]

Well, if you read my post again, I said basically that the CO's were likely relying on the control, possession aspect. I didn't say I agreed with their interpretation. Being charged is a long way from being convicted !!

Agreed, a CO might charge but I would bet anything there would never be a conviction.

[rick_iles]

Agreed, a CO might charge but I would bet anything there would never be a conviction.

I agree. They might have a good chance if the dead deer was laying in the landowners front lawn !!

[rick_iles]

Yes, that i'm not sure of. They are attending OPC now for BCT.

Yea, we had a class of "game wardens" back in 1975 when I was in recruit. But then, the Director at the time came from the MNR, or Dept of Lands and Forests back then. Mennill Hall is named after him!!