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    I hinted at this story in the CO's/Marlborough Forest thread but thought that I should start a new one here. Please realize that this is in no way to gain sympathy for what happened, because we did make mistakes, but more to educate my fellow hunters on the "you just never know" factor. I've heard it said many times on here before that a visit from a CO would be a welcome experience because if you have nothing to hide, it's no big deal. Well, it doesn't always go that way.

    Others on here have tried to call me out for "painting CO's in a bad light", but that's not the case here either. My opinion of some CO's has most definitely been soured. As it's been pointed out here before, some people shouldn't wear a badge. I went to school with the hopes of becoming a CO and I'm now thankful that it didn't turn out that way. Some of my fellow students went on to work in the field and we're still good friends. I spend plenty of time with one in particular who has worked as a CO in Northern Ontario since we left college. So, although my opinion had been soured, I know that most of them are decent hard working folks like the rest of us.

    This is going back quite a few years but I won't say exactly when. My family owned a large acreage (close to 800 acres) in Central Ontario at this time. It wasn't a great area for ducks, but we would usually get a couple on opening day. A friend and I started to bait this pond with corn in the pre-season and it increased our success rate a fair bit. We always stopped baiting two weeks before the season opener. A group of around 6 of us would usually go up to camp the night before the opener and kick off the waterfowl season there. We would maybe hunt that pond again once or twice throughout the rest of the year, but being a couple of hours away it was not overly practical. Eventually the pre-season baiting was split up between the 6 of us to save time.

    After three or four seasons of this opening day tradition, I remember mentioning in a half-joke to the gang that we might have company one of these years because 6 of us do quite a bit of shooting. Someone is bound to take notice. It turns out someone did take notice and although I can't confirm it, I've always suspected either a jealous neighbour or anti in the area called the TIPS line. All speculation but I expect it was along the lines of "must be illegal activity going on because nobody shoots that much on the duck opener around here".

    On this particular opening morning there were 8 of us. For one fellow it was his first hunt ever and it turned out to be his first and only, as he gave it up after this experience. We would wade out to the little island in the middle of the pond and set up in twos on the four sides of it. When we baited the pond in the weeks leading up to it, we would always throw the bait up around the shore of the island. Again, we always quit baiting two weeks before the opener. After a couple of hours we had shot around 15 ducks between the 8 of us. During a lull in the action my Dad remembered that he hadn't turned on the crock pot at the camp to heat up our stew for lunch so he waded out, jumped on the 4 wheeler and headed back over to the camp. When he came back to the island he looked like he'd had a shock so I asked him what happened. He said "there are 4 or 5 CO's in full camo over there in the bush watching us through binoculars right now". I seriously thought he was joking but he was adamant that he was not. They had jumped out of the bush and stopped him on the 4 wheeler when he was on his way over the the camp to make sure he wasn't leaving for good, because they "wanted to speak to all of us".

    Obviously we weren't much into hunting any more and the CO's saw us all conversing so at that point they came out of the bush over on the shore where we would wade out from. There were 4 or them and a deputy or volunteer student or something. It turns out that 2 of them were from the WMU were hunting in and they recruited a few more from another area for "backup" that morning. They yelled over at us to unload our firearms and come out of the swamp with our guns over our heads. We did as told and when we got over there they immediately grabbed our guns separated all of us for questioning. They checked all of our guns (for plugs) and licences. I'm not exactly sure how the questioning went for everyone else but I remember mine quite well.

    Keep in mind that the fellow questioning me was pretty decent and he was not the lead investigator on this "bust". "When last were you here to put bait in this pond" was the big question. I was pretty clear on the fact that it was over two weeks ago. The console of my truck even had the receipts from the feed store. He asked if I had been up to the pond in the previous two weeks at all and I had not. None of the group had been. He said that they had been in there a few days ago and there "was a substantial amount of bait still in the pond". I told him that I don't know how that was possible because the ducks would eat it clean in a few days from my experience in baiting it. He agreed to that but was adamant that "someone" had still been baiting this pond. I finally said that I really don't know what to say other than that although the pond was on our property, snowmobiles and 4 wheelers (illegally) used the bush road that went past it all of the time. I asked if this investigation was the result of a tip from a neighbour and he wouldn't say for sure. He said that it wasn't his case and the lead CO would have that information. I said that if it came from a tip, and you're adamant that there was still bait in this pond a few days ago, doesn't it stand to reason that the same guy who called you put the bait in the pond to get us in trouble? He just laughed and said "that's not gonna fly here". Well OK then. He did say that they had an entirely different idea in mind of what they were going to find when they came on the property. He expected to find us hunting over open bags of feed and a pile of beer cans laying around us, instead they found - as he put it - "a decent bunch of guys". I asked if he was charging us with something and he said quite bluntly "Oh he'll charge you with something, I'm just not sure of what yet".

    The CO questioning my brother accused us of having unplugged shotguns in the group because "after 30 years on the job he knows an unplugged shotgun when he hears one". I guess it also gave him the ability to distinguish between shotguns from 300 yards away when 8 guys are shooting (note the sarcasm). My brother asked him how many unplugged shotguns he found when he looked. The CO wouldn't answer that. He also accused us of not retrieving a duck that we had shot out on the pond when in fact it had been my brother trying a shot at a stump with his buddy's new shotgun. Nothing came of that though. We had retrieved everything we shot that morning.

    After about 1.5 hours of questioning the lead CO had apparently had enough of not hearing what he wanted to an put on a pair of waders. He went out the the island, looked around for a bit, then waded out to about chest height. We couldn't really figure out what he was up to until he came back the the shore. He stretched out his hand and in it was three rotten and black old kernels of corn that had been too deep for the ducks to reach. The CO had been out there churning up the mud until they came up. He said, " Well, it appears there is still bait in this pond."

    All 8 of us were charged with hunting within 400 metres of where bait was deposited and the fine was in the neighbourhood of $400 each after the "victim's surcharge". They decided to "allow us to keep our guns" and assured us that it was "just a fine", not a criminal offence. My guess is that this lead CO couldn't go back empty handed after the man hours he had put into this operation.

    Our mistake, as I had discussed with my questioning CO, was that we didn't make a return trip up to ensure the pond had been free of bait for at least 7 days. I admitted freely that I hadn't, because it was usually gone 3 or 4 days after depositing it. I didn't think that a four-hour round trip was necessary to determine that but now I suppose that it could have saved us a lot of hassle by checking. The other mistake was letting some of the bait get out too deep, where the ducks couldn't reach it but the CO could. I don't know if I really believe their claims of "substantial amount of bait still in the pond" when they had checked previously. There were always quite a few eyes on the property and it isn't easy to get in there. Somebody likely would have noticed the activity if they had really gone in to check.

    All 8 of us went to the JP to see what we could do. The JP started off by saying he wasn't speaking to all 8 of us so send one in to tell the story. I got elected for that one. At first he said that there was nothing he could do about any of this unless it was a financial concern for those involved. I said absolutely it's a financial concern for some in the group, 400 bucks is a lot of money. He then settled down and listened to the story. Finally, upon hearing the CO's name he looked at me and said that I wouldn't believe the number of people that come through his door with this CO's name on the ticket. Even more unbelievable are the things they get charged for. He then asked if $80 each sounded fair. It sounded good to me. He then went on to say that we should be taking it to court because he wanted to see this CO put on the spot for this type of charge. I said that in the end we were guilty of having bait still present in the pond and the 8 of us were from different cities. The logistics of a court date weren't worth it. To clear it up immediately for $80 would be a lot easier than everyone having to come back another day for court. He said that the CO would have to go out of his way to get to court too, and maybe he'd think twice about this stuff if people held him to it more often. I guess we should have, but we paid the fine and got it over with then and there.

    After that morning, a couple of group members gave up waterfowling altogether and that new hunter never hunted again. Like I said, we made mistakes, we plead guilty, but we were treated like a gang of criminals for the most part. My questioner was the best of the bunch. My brother, my Dad and my friends were questioned by the other guys and they made non-stop accusations before admitting that they didn't exactly find what they wanted to. The lead CO never really let on that they had misjudged the situation. My suspicion is partly that we were thrown under the bus by the neighbours and partly that the CO's expected another family member in particular to be with us. Much of the questioning was about his whereabouts. This family member was not a duck hunter though. I won't say much about him either but he'd had his trouble with the law before and I don't hunt with him anymore.

    I've been wanting to tell that one for a while now. Glad you all could hear it. Take from it what you want, but I learned a couple of huge lessons that day. The first being you never know what type of CO you will run into. The second is you just never know when you're being watched so treat every moment like you are.
    Last edited by GW11; March 24th, 2017 at 05:41 PM. Reason: typo and spacing
    "where a man feels at home, outside of where he's born, is where he's meant to go"
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    I can honestly say that I can relate to your frustration- I own 150 acres of bush-manage it very carefully only mature does or a buck 3years and older- planted pine and apple trees and have been a good steward of the land. A few years back opening of rifle I was sitting in my car at the far end of the property waiting for shooting light - because very often still hunting there one can catch a buck dogging a doe. A white truck stops behind my truck then leaves. Four hours later I am in my stand a kilometer back in the bush and here comes a CO in dress shoes and starts yelling at me for all my info etc which I had. Then he says where is your gun case. I told him I entered the woods at light hoping to cross a buck chasing a doe. He said he stopped at my car and it was empty. I told him I was in it having a coffee- my windows were tinted. Nonetheless this guy was the rudest law enforcement person I had ever met. Tried to accuse me of grow pot- which I would never do-He fined me $300 for entering the woods in the dark without a case- by the time I had to go to court and lose a days pay I just paid it. This same fellow tried to fine two goose hunters- he gave out 8 separate fines 7 were dropped. That same week he fined a woman sitting on the hood of her car eating a sandwich because she was not wearing her blaze orange- she replied that she was five feet off of the road and not hunting at the time- went to court and the justice tossed it out. Most wardens I have known especially the older ones are top notch- but some of these younger ones- give them a gun and a badge and it goes right to their head. I had Mennonites poaching on my property called the same warden and he refused to come down to investigate it. I called the OPP and they fixed the problem. Thought I would share my story with you so you know you're not the only guy that got a major headache for nothing, but I still view most wardens as really good guys.

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    Quote Originally Posted by stilchen67 View Post
    I can honestly say that I can relate to your frustration- I own 150 acres of bush-manage it very carefully only mature does or a buck 3years and older- planted pine and apple trees and have been a good steward of the land. A few years back opening of rifle I was sitting in my car at the far end of the property waiting for shooting light - because very often still hunting there one can catch a buck dogging a doe. A white truck stops behind my truck then leaves. Four hours later I am in my stand a kilometer back in the bush and here comes a CO in dress shoes and starts yelling at me for all my info etc which I had. Then he says where is your gun case. I told him I entered the woods at light hoping to cross a buck chasing a doe. He said he stopped at my car and it was empty. I told him I was in it having a coffee- my windows were tinted. Nonetheless this guy was the rudest law enforcement person I had ever met. Tried to accuse me of grow pot- which I would never do-He fined me $300 for entering the woods in the dark without a case- by the time I had to go to court and lose a days pay I just paid it. This same fellow tried to fine two goose hunters- he gave out 8 separate fines 7 were dropped. That same week he fined a woman sitting on the hood of her car eating a sandwich because she was not wearing her blaze orange- she replied that she was five feet off of the road and not hunting at the time- went to court and the justice tossed it out. Most wardens I have known especially the older ones are top notch- but some of these younger ones- give them a gun and a badge and it goes right to their head. I had Mennonites poaching on my property called the same warden and he refused to come down to investigate it. I called the OPP and they fixed the problem. Thought I would share my story with you so you know you're not the only guy that got a major headache for nothing, but I still view most wardens as really good guys.
    Wow... tried to accuse you of growing pot and then charges you for entering the woods in the dark without a case, without actually seeing you do it? Nice guy.

    That's exactly what I meant by the naivety of "welcoming a visit because you're not doing anything wrong". Sometimes it doesn't matter. Sometimes they'll find something wrong even if you fully believe that you aren't doing anything wrong. Sometimes you really aren't doing anything wrong at all but, as in your case, they'll assume you were.
    "where a man feels at home, outside of where he's born, is where he's meant to go"
    ​- Ernest Hemingway

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    Thanks for the perspective. Only ever encountered a CO once. On the trout opener about 20 years ago. I was with my 5 year old son and of course had forgotten my licence in the truck. He waited at the river with my son while i humped it back to the truck and than back to the river. Showed him my licence and he said have a good day and left.
    The wilderness is not a stadium where I satisfy my ambition to achieve, it is the cathedral where I worship.

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    Quote Originally Posted by GW11 View Post
    I hinted at this story in the CO's/Marlborough Forest thread but thought that I should start a new one here. Please realize that this is in no way to gain sympathy for what happened, because we did make mistakes, but more to educate my fellow hunters on the "you just never know" factor. I've heard it said many times on here before that a visit from a CO would be a welcome experience because if you have nothing to hide, it's no big deal. Well, it doesn't always go that way.

    Others on here have tried to call me out for "painting CO's in a bad light", but that's not the case here either. My opinion of some CO's has most definitely been soured. As it's been pointed out here before, some people shouldn't wear a badge. I went to school with the hopes of becoming a CO and I'm now thankful that it didn't turn out that way. Some of my fellow students went on to work in the field and we're still good friends. I spend plenty of time with one in particular who has worked as a CO in Northern Ontario since we left college. So, although my opinion had been soured, I know that most of them are decent hard working folks like the rest of us.

    This is going back quite a few years but I won't say exactly when. My family owned a large acreage (close to 800 acres) in Central Ontario at this time. It wasn't a great area for ducks, but we would usually get a couple on opening day. A friend and I started to bait this pond with corn in the pre-season and it increased our success rate a fair bit. We always stopped baiting two weeks before the season opener. A group of around 6 of us would usually go up to camp the night before the opener and kick off the waterfowl season there. We would maybe hunt that pond again once or twice throughout the rest of the year, but being a couple of hours away it was not overly practical. Eventually the pre-season baiting was split up between the 6 of us to save time.

    After three or four seasons of this opening day tradition, I remember mentioning in a half-joke to the gang that we might have company one of these years because 6 of us do quite a bit of shooting. Someone is bound to take notice. It turns out someone did take notice and although I can't confirm it, I've always suspected either a jealous neighbour or anti in the area called the TIPS line. All speculation but I expect it was along the lines of "must be illegal activity going on because nobody shoots that much on the duck opener around here".

    On this particular opening morning there were 8 of us. For one fellow it was his first hunt ever and it turned out to be his first and only, as he gave it up after this experience. We would wade out to the little island in the middle of the pond and set up in twos on the four sides of it. When we baited the pond in the weeks leading up to it, we would always throw the bait up around the shore of the island. Again, we always quit baiting two weeks before the opener. After a couple of hours we had shot around 15 ducks between the 8 of us. During a lull in the action my Dad remembered that he hadn't turned on the crock pot at the camp to heat up our stew for lunch so he waded out, jumped on the 4 wheeler and headed back over to the camp. When he came back to the island he looked like he'd had a shock so I asked him what happened. He said "there are 4 or 5 CO's in full camo over there in the bush watching us through binoculars right now". I seriously thought he was joking but he was adamant that he was not. They had jumped out of the bush and stopped him on the 4 wheeler when he was on his way over the the camp to make sure he wasn't leaving for good, because they "wanted to speak to all of us".

    Obviously we weren't much into hunting any more and the CO's saw us all conversing so at that point they came out of the bush over on the shore where we would wade out from. There were 4 or them and a deputy or volunteer student or something. It turns out that 2 of them were from the WMU were hunting in and they recruited a few more from another area for "backup" that morning. They yelled over at us to unload our firearms and come out of the swamp with our guns over our heads. We did as told and when we got over there they immediately grabbed our guns separated all of us for questioning. They checked all of our guns (for plugs) and licences. I'm not exactly sure how the questioning went for everyone else but I remember mine quite well.

    Keep in mind that the fellow questioning me was pretty decent and he was not the lead investigator on this "bust". "When last were you here to put bait in this pond" was the big question. I was pretty clear on the fact that it was over two weeks ago. The console of my truck even had the receipts from the feed store. He asked if I had been up to the pond in the previous two weeks at all and I had not. None of the group had been. He said that they had been in there a few days ago and there "was a substantial amount of bait still in the pond". I told him that I don't know how that was possible because the ducks would eat it clean in a few days from my experience in baiting it. He agreed to that but was adamant that "someone" had still been baiting this pond. I finally said that I really don't know what to say other than that although the pond was on our property, snowmobiles and 4 wheelers (illegally) used the bush road that went past it all of the time. I asked if this investigation was the result of a tip from a neighbour and he wouldn't say for sure. He said that it wasn't his case and the lead CO would have that information. I said that if it came from a tip, and you're adamant that there was still bait in this pond a few days ago, doesn't it stand to reason that the same guy who called you put the bait in the pond to get us in trouble? He just laughed and said "that's not gonna fly here". Well OK then. He did say that they had an entirely different idea in mind of what they were going to find when they came on the property. He expected to find us hunting over open bags of feed and a pile of beer cans laying around us, instead they found - as he put it - "a decent bunch of guys". I asked if he was charging us with something and he said quite bluntly "Oh he'll charge you with something, I'm just not sure of what yet".

    The CO questioning my brother accused us of having unplugged shotguns in the group because "after 30 years on the job he knows an unplugged shotgun when he hears one". I guess it also gave him the ability to distinguish between shotguns from 300 yards away when 8 guys are shooting (note the sarcasm). My brother asked him how many unplugged shotguns he found when he looked. The CO wouldn't answer that. He also accused us of not retrieving a duck that we had shot out on the pond when in fact it had been my brother trying a shot at a stump with his buddy's new shotgun. Nothing came of that though. We had retrieved everything we shot that morning.

    After about 1.5 hours of questioning the lead CO had apparently had enough of not hearing what he wanted to an put on a pair of waders. He went out the the island, looked around for a bit, then waded out to about chest height. We couldn't really figure out what he was up to until he came back the the shore. He stretched out his hand and in it was three rotten and black old kernels of corn that had been too deep for the ducks to reach. The CO had been out there churning up the mud until they came up. He said, " Well, it appears there is still bait in this pond."

    All 8 of us were charged with hunting within 400 metres of where bait was deposited and the fine was in the neighbourhood of $400 each after the "victim's surcharge". They decided to "allow us to keep our guns" and assured us that it was "just a fine", not a criminal offence. My guess is that this lead CO couldn't go back empty handed after the man hours he had put into this operation.

    Our mistake, as I had discussed with my questioning CO, was that we didn't make a return trip up to ensure the pond had been free of bait for at least 7 days. I admitted freely that I hadn't, because it was usually gone 3 or 4 days after depositing it. I didn't think that a four-hour round trip was necessary to determine that but now I suppose that it could have saved us a lot of hassle by checking. The other mistake was letting some of the bait get out too deep, where the ducks couldn't reach it but the CO could. I don't know if I really believe their claims of "substantial amount of bait still in the pond" when they had checked previously. There were always quite a few eyes on the property and it isn't easy to get in there. Somebody likely would have noticed the activity if they had really gone in to check.

    All 8 of us went to the JP to see what we could do. The JP started off by saying he wasn't speaking to all 8 of us so send one in to tell the story. I got elected for that one. At first he said that there was nothing he could do about any of this unless it was a financial concern for those involved. I said absolutely it's a financial concern for some in the group, 400 bucks is a lot of money. He then settled down and listened to the story. Finally, upon hearing the CO's name he looked at me and said that I wouldn't believe the number of people that come through his door with this CO's name on the ticket. Even more unbelievable are the things they get charged for. He then asked if $80 each sounded fair. It sounded good to me. He then went on to say that we should be taking it to court because he wanted to see this CO put on the spot for this type of charge. I said that in the end we were guilty of having bait still present in the pond and the 8 of us were from different cities. The logistics of a court date weren't worth it. To clear it up immediately for $80 would be a lot easier than everyone having to come back another day for court. He said that the CO would have to go out of his way to get to court too, and maybe he'd think twice about this stuff if people held him to it more often. I guess we should have, but we paid the fine and got it over with then and there.

    After that morning, a couple of group members gave up waterfowling altogether and that new hunter never hunted again. Like I said, we made mistakes, we plead guilty, but we were treated like a gang of criminals for the most part. My questioner was the best of the bunch. My brother, my Dad and my friends were questioned by the other guys and they made non-stop accusations before admitting that they didn't exactly find what they wanted to. The lead CO never really let on that they had misjudged the situation. My suspicion is partly that we were thrown under the bus by the neighbours and partly that the CO's expected another family member in particular to be with us. Much of the questioning was about his whereabouts. This family member was not a duck hunter though. I won't say much about him either but he'd had his trouble with the law before and I don't hunt with him anymore.

    I've been wanting to tell that one for a while now. Glad you all could hear it. Take from it what you want, but I learned a couple of huge lessons that day. The first being you never know what type of CO you will run into. The second is you just never know when you're being watched so treat every moment like you are.
    "All 8 of us were charged with hunting within 400 metres of where bait was deposited"

    I think in this case the CO would have to prove to a court that your group had knowledge of the existence of bait after the two week period.Clearly if he had to wade into the pond to retrieve rotten bait off the bottom that fact alone would be very exculpatory for you. Your big mistake was providing to much information which led at least one of them to charge the group.

    You have to remember that a statement made by you must be voluntary in the sense that no inducements were made to you, those being threats,promises and so forth.The fact one of the CO,s stated in reply to your question "are we going to be charged" and his reply was "Oh he'll charge you with something, I'm just not sure of what yet", that to me constitutes a threat and should make your statement not admissible in court.

    They can ask you all the questions in the World, but before answering you need to ask if they intend to charge you or there is even a possibility and then you should be asking them to give you your "rights to counsel" and caution.Once that is given then all your replies should be "On the advice of my counsel I have nothing to say". You need to provide enough information to complete the summons,name address,date of birth.

    All of you should have asked for a date for trial and requested a court date for all of you at the same time.The only other thing better than watching one CO get his story straight under intense cross examination is 3 more CO,s coming in later and trying to get their stories to match.Remember you ask for an exclusion of witnesses so only one CO on the stand at one time and the rest are waiting in the hallway.

    A decent criminal lawyer would take this case apart in no time and particular attention would be paid to the one CO that appears to have made somewhat of a reputation for himself.I know a lot of guys think that folding over and paying an unjust ticket is the easy think to do.But what happens is that poor CO become emboldened and become worse and never actually learn their trade in the witness stand.

    Laying a charge is very easy for all LEO but proving charges is much harder.The Judicial system is set up for people "folding over" if you had set a trial date or even better eight separate trial dates and went ahead with all a much better resolution could have come about.Some where along the line a Crown would yank these charges.

    These officers watched you hunting for a prolonged period and the best they could come up with was this single charge.Lots of reasonable doubt here, you had no knowledge of the bait being there,somebody else could have placed it there and set you up, who was the initial complainant? Sad story

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    Quote Originally Posted by stilchen67 View Post
    I can honestly say that I can relate to your frustration- I own 150 acres of bush-manage it very carefully only mature does or a buck 3years and older- planted pine and apple trees and have been a good steward of the land. A few years back opening of rifle I was sitting in my car at the far end of the property waiting for shooting light - because very often still hunting there one can catch a buck dogging a doe. A white truck stops behind my truck then leaves. Four hours later I am in my stand a kilometer back in the bush and here comes a CO in dress shoes and starts yelling at me for all my info etc which I had. Then he says where is your gun case. I told him I entered the woods at light hoping to cross a buck chasing a doe. He said he stopped at my car and it was empty. I told him I was in it having a coffee- my windows were tinted. Nonetheless this guy was the rudest law enforcement person I had ever met. Tried to accuse me of grow pot- which I would never do-He fined me $300 for entering the woods in the dark without a case- by the time I had to go to court and lose a days pay I just paid it. This same fellow tried to fine two goose hunters- he gave out 8 separate fines 7 were dropped. That same week he fined a woman sitting on the hood of her car eating a sandwich because she was not wearing her blaze orange- she replied that she was five feet off of the road and not hunting at the time- went to court and the justice tossed it out. Most wardens I have known especially the older ones are top notch- but some of these younger ones- give them a gun and a badge and it goes right to their head. I had Mennonites poaching on my property called the same warden and he refused to come down to investigate it. I called the OPP and they fixed the problem. Thought I would share my story with you so you know you're not the only guy that got a major headache for nothing, but I still view most wardens as really good guys.
    Well another bad case made worse by paying the fine.I understand not wanting to miss a day of work but there was no proof you broke this law. This officer did not fine you $300.00 this is a suggested out of court settlement you decided to agree to.If you had fought the ticket you would probably have won, you should have fought the ticket yourself or with a para legal and questioned the officer in court in particular about the grow pot allegation.I would then after I won the case get a transcript of the court evidence and lay a formal complaint about the CO,s conduct.Its bizarre to make that kind of allegation and even stranger he charged you.

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    Quote Originally Posted by Gilroy View Post
    I think in this case the CO would have to prove to a court that your group had knowledge of the existence of bait after the two week period.
    I think this is strict liability, so the question would not be whether you knew the bait was there but whether you did due diligence ... regardless, if he can only find bait at depths the ducks can't reach it the due diligence would seem to be established. It's when people say things like, "Well, I just figured we left enough time etc." (for example) that you get sunk on due diligence: any response that suggests you failed to check, etc. Which speaks to Gilroy's point that it's a good idea to clam up when questioned.

    I'll happily shoot the breeze with a CO re how the hunting or fishing is in general if he's checking my licence. If you're being questioned about a specific offence, though, silence is golden. We've all got that tendency to cooperate, and it can sink you.
    Last edited by welsh; March 24th, 2017 at 07:45 PM.
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    Quote Originally Posted by Gilroy View Post
    "All 8 of us were charged with hunting within 400 metres of where bait was deposited"

    I think in this case the CO would have to prove to a court that your group had knowledge of the existence of bait after the two week period.Clearly if he had to wade into the pond to retrieve rotten bait off the bottom that fact alone would be very exculpatory for you. Your big mistake was providing to much information which led at least one of them to charge the group.

    You have to remember that a statement made by you must be voluntary in the sense that no inducements were made to you, those being threats,promises and so forth.The fact one of the CO,s stated in reply to your question "are we going to be charged" and his reply was "Oh he'll charge you with something, I'm just not sure of what yet", that to me constitutes a threat and should make your statement not admissible in court.

    They can ask you all the questions in the World, but before answering you need to ask if they intend to charge you or there is even a possibility and then you should be asking them to give you your "rights to counsel" and caution.Once that is given then all your replies should be "On the advice of my counsel I have nothing to say". You need to provide enough information to complete the summons,name address,date of birth.

    All of you should have asked for a date for trial and requested a court date for all of you at the same time.The only other thing better than watching one CO get his story straight under intense cross examination is 3 more CO,s coming in later and trying to get their stories to match.Remember you ask for an exclusion of witnesses so only one CO on the stand at one time and the rest are waiting in the hallway.

    A decent criminal lawyer would take this case apart in no time and particular attention would be paid to the one CO that appears to have made somewhat of a reputation for himself.I know a lot of guys think that folding over and paying an unjust ticket is the easy think to do.But what happens is that poor CO become emboldened and become worse and never actually learn their trade in the witness stand.

    Laying a charge is very easy for all LEO but proving charges is much harder.The Judicial system is set up for people "folding over" if you had set a trial date or even better eight separate trial dates and went ahead with all a much better resolution could have come about.Some where along the line a Crown would yank these charges.

    These officers watched you hunting for a prolonged period and the best they could come up with was this single charge.Lots of reasonable doubt here, you had no knowledge of the bait being there,somebody else could have placed it there and set you up, who was the initial complainant? Sad story
    They wouldn't elaborate on their real reason for being there. We asked about a call to the TIPS line from the neighbour but they wouldn't confirm it. They hinted that they had been more or less tipped off by the shooting in the area in previous years and had "checked in on us" the year before without us knowing and had plans of setting up to watch us on the next opener. I think most of that was BS and they were just setting up their reason for being on our property to watch us on opening day.

    I think that in many cases CO's will capitalize on the fact that most hunters will never run into one and are therefore ill prepared to deal with the situation if it arises. Knowing that most hunters don't know their rights allows them (emboldens them) to act in a way that could be shut down fairly quickly by someone who knows their rights. As you said in the other thread, a lifelong poacher knows enough to shut up and knows his/her rights. Your average hunter (like us) is eager to be courteous and helpful with a CO and in many cases this leads us to say more than we should. I know that if I had that day to live over again I would have said less, demanded more info from the CO's and had my (our) day in court.

    Our names are now permanently in "the system". Meaning that any future interactions with a CO will show that I have been charged and plead guilty before. I will likely be seen as a poacher before anything else from now on when pulled over or questioned. I was checked for another issue not too long ago and although it ended well the questioning period was unnecessarily long (IMO) and I'm sure it was because I was "in the books."

    Thanks for the insight Gilroy.
    "where a man feels at home, outside of where he's born, is where he's meant to go"
    ​- Ernest Hemingway

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    Some interesting stories..... Too bad that the people that are suppose to protect our rights are (at times) the ones that interfere with them.
    There are good and bad in every career, but it only takes one to make us remember and speak of it.
    Thanks for sharing your stories
    "Everything is easy when you know how"
    "Meat is not grown in stores"

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    The problem is that hiring lawyers and taking time off work is not an option for most people. LEO know this too well.
    I’m suspicious of people who don't like dogs, but I trust a dog who doesn't like a person.

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