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May 28th, 2019, 06:05 AM
#51

Originally Posted by
Deer Hunter
OK. I don’t get what it is your trying to accomplish. I can just imagine how a young new hunter will interpret your post?
Pretty much what Trimmer has stated.
A question was asked. It was answered from an incorrect position by some.
While some behaviors are contemptible, saying that they are illegal, or implying they are by stating "good luck explaining that to an LEO" is false, and has been called out.
What I have been stating all along, is that landowners ( and I am one) are quick to point out where the TPA needs to be addressed, yet some forget that it wasn't written with the FWCA in mind.
The OP was referencing a bush parcel up North, either owned by IO, or OPG, but doesn't meet the criteria as stated under the act.
"Camo" is perfectly acceptable as a favorite colour.
Proud member - Delta Waterfowl, CSSA, and OFAH
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May 28th, 2019 06:05 AM
# ADS
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May 28th, 2019, 06:08 AM
#52

Originally Posted by
benjhind
I disagree here. I own a chunk of a big woodlot. My land is not "primarily used for agricultural purposes" as I don't farm or own farmland. However, all of my neighbours (who share the same woodlot) are farmers and their parcels all have agricultural land.
Someone entering from the road can access my land if it isn't signed or fenced, that is clear. But where does my property end and the agricultural land begin? The property lines are not fenced. To someone stopping at the road, it all looks like one bush, so how are they to distinguish which pieces are "primarily used for agricultural purposes"?
I think there is plenty of room to argue that a large woodlot accessible from the road could be seen as land not used primarily for agriculture, even if the parcels do encompass some agricultural land. I would advise any farmer who wants to restrict access that they are best to post any access point. The law is clear that they can't walk across the field to enter, but if they enter from a roadway or another property things get murky.
Context is everything.
Depending on where your land is, could it reasonable be assumed that there is no Crown land? Could it be reasonably assumed that it's part of a completed survey? If surrounded by worked agricultural...it could likely also be assumed that it might be a managed woodlot...
"Camo" is perfectly acceptable as a favorite colour.
Proud member - Delta Waterfowl, CSSA, and OFAH
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May 28th, 2019, 08:06 AM
#53
Has too much time on their hands

Originally Posted by
Bluebulldog
Pretty much what Trimmer has stated.
A question was asked. It was answered from an incorrect position by some.
While some behaviors are contemptible, saying that they are illegal, or implying they are by stating "good luck explaining that to an LEO" is false, and has been called out.
What I have been stating all along, is that landowners ( and I am one) are quick to point out where the TPA needs to be addressed, yet some forget that it wasn't written with the FWCA in mind.
The OP was referencing a bush parcel up North, either owned by IO, or OPG, but doesn't meet the criteria as stated under the act.
Say what you wish, I worked with a guy who used your ethics, no signs no fence go hunt. The mnr charged him with trespass to hunt, it cost him much more than just a warning to leave. Hopefully one day a trespasser will ruin your hunt so you can enjoy someone playing dumb and saying, I didnt see any signs so i thought it was crown land. Ignorance is a pathetic excuse imo
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May 28th, 2019, 08:26 AM
#54

Originally Posted by
canadaman30
Say what you wish, I worked with a guy who used your ethics, no signs no fence go hunt. The mnr charged him with trespass to hunt, it cost him much more than just a warning to leave. Hopefully one day a trespasser will ruin your hunt so you can enjoy someone playing dumb and saying, I didnt see any signs so i thought it was crown land. Ignorance is a pathetic excuse imo
LOL.
"My ethics" aren't even being presented here.
This was mainly an abstract discussion.
"You worked with a guy" is about as good a legal precedent as your other arguments. "My cousins best friends brother.....".
Unless you have the actual details, you are presenting one side of a very poorly structured story.
The TPA is worded simply.
No trespass to hunt charge has been prosecuted successfully without an adequate premise of the TPA being applied.
Stop making this a personal matter. The OP asked a question, it was answered incorrectly.
If people want to fear monger others, by trying to scare them with incorrect interpretations of the law, then that behavior is also incorrect.
The TPA is crummy when it comes to accessing land that isn't posted, and privately owned. I have repeatedly stated that already. I have also stated support for either revising it, or the FWCA to better protect landowners.
Continuing to assert that I engage in poor ethics, or wishing something ill towards me, based on the fact that I answered the OPs query correctly, and will not engage in scare tactics is childish. I have simply pointed out the premise of the TPA, and it's interpretation under the law.
FWIW.
1. I own land that I hunt on. 2. I have never entered land I don't have permission for. ( except when I was a kid). 3. I find the TPA just as frustrating as I have had hunts ruined by people who have abused the rules.
"Camo" is perfectly acceptable as a favorite colour.
Proud member - Delta Waterfowl, CSSA, and OFAH
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May 28th, 2019, 08:35 AM
#55
Has too much time on their hands

Originally Posted by
Bluebulldog
LOL.
"My ethics" aren't even being presented here.
This was mainly an abstract discussion.
"You worked with a guy" is about as good a legal precedent as your other arguments. "My cousins best friends brother.....".
Unless you have the actual details, you are presenting one side of a very poorly structured story.
The TPA is worded simply.
No trespass to hunt charge has been prosecuted successfully without an adequate premise of the TPA being applied.
Stop making this a personal matter. The OP asked a question, it was answered incorrectly.
If people want to fear monger others, by trying to scare them with incorrect interpretations of the law, then that behavior is also incorrect.
The TPA is crummy when it comes to accessing land that isn't posted, and privately owned. I have repeatedly stated that already. I have also stated support for either revising it, or the FWCA to better protect landowners.
Continuing to assert that I engage in poor ethics, or wishing something ill towards me, based on the fact that I answered the OPs query correctly, and will not engage in scare tactics is childish. I have simply pointed out the premise of the TPA, and it's interpretation under the law.
FWIW.
1. I own land that I hunt on. 2. I have never entered land I don't have permission for. ( except when I was a kid). 3. I find the TPA just as frustrating as I have had hunts ruined by people who have abused the rules.
I see we have another Philadelphia lawyer with all the answers.. lol
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May 28th, 2019, 08:45 AM
#56

Originally Posted by
canadaman30
I see we have another Philadelphia lawyer with all the answers.. lol
No. You have someone that has managed properties for over 20 years, both public and private. My knowledge of most relevant legislation is more than simple.
PM me and I'll happily provide my bona fides.
"Camo" is perfectly acceptable as a favorite colour.
Proud member - Delta Waterfowl, CSSA, and OFAH
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May 28th, 2019, 09:25 AM
#57

Originally Posted by
canadaman30
Say what you wish, I worked with a guy who used your ethics, no signs no fence go hunt. The mnr charged him with trespass to hunt, it cost him much more than just a warning to leave. Hopefully one day a trespasser will ruin your hunt so you can enjoy someone playing dumb and saying, I didnt see any signs so i thought it was crown land. Ignorance is a pathetic excuse imo
I don't know how many times it needs to be explained to you in the simplest of terms.
The current provincial trespass laws are very straightforward, it is the legislation that we have and must live by.
If you're not happy with how it is written then take up a cause rather than criticise others or make suggestions that seem to suggest someone has low moral ethics. That's unacceptable just because you hear something you don't necessarily agree with.
As far as your example goes, I absolutely guarantee you there is far more to that story than even you know. Not really relevant here
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May 28th, 2019, 09:47 AM
#58
Has too much time on their hands

Originally Posted by
smokin'stoegie
I don't know how many times it needs to be explained to you in the simplest of terms.
The current provincial trespass laws are very straightforward, it is the legislation that we have and must live by.
If you're not happy with how it is written then take up a cause rather than criticise others or make suggestions that seem to suggest someone has low moral ethics. That's unacceptable just because you hear something you don't necessarily agree with.
As far as your example goes, I absolutely guarantee you there is far more to that story than even you know. Not really relevant here
Great advice you guys are giving out. Simple if there is no signs or fencing , no agricultural activity, you are free to trespass until told otherwise. Its really no wonder guys cant find farms to hunt on anymore, with attitudes like that who would want any hunters on their land?. Good luck like others have stated, done wasting time on people who plead ignorance and have no respect for others assets, and only want to justify why you can trespass on someones private land.
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May 28th, 2019, 11:30 AM
#59

Originally Posted by
canadaman30
Great advice you guys are giving out. Simple if there is no signs or fencing , no agricultural activity, you are free to trespass until told otherwise. Its really no wonder guys cant find farms to hunt on anymore, with attitudes like that who would want any hunters on their land?. Good luck like others have stated, done wasting time on people who plead ignorance and have no respect for others assets, and only want to justify why you can trespass on someones private land.
Yeh I have to agree with you on this and giving out advice/guidance on how to get around the TPA is really doing a disservice to new hunters MANY on here weekly LOOKING for ways to access land.
I think a more constructive way of going about it is to suggest a few simple ways new hunters can get access to land lawfully.
Maybe like look at a map and chose your target area you might to try and hunt in.
Look at the Ontario Crown Atlas and determine if there are any Crown Parcels in that area.
Call the local MNR office and ask them if there are any managed land tracts available to hunt in that area.
Call the local township office and ask them if there are tracts of land they manage which allow hunting.
Call the local Game and Fish clubs and ask about area,s that are open.
With technology these days available to new hunters in particular these searches can be done in a very short time with very little expense.
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May 28th, 2019, 11:33 AM
#60

Originally Posted by
canadaman30
Great advice you guys are giving out. Simple if there is no signs or fencing , no agricultural activity, you are free to trespass until told otherwise. Its really no wonder guys cant find farms to hunt on anymore, with attitudes like that who would want any hunters on their land?. Good luck like others have stated, done wasting time on people who plead ignorance and have no respect for others assets, and only want to justify why you can trespass on someones private land.
No one is telling anyone to go and trespass, they are simply stating how it works in the laws eyes. . They also mentioned some dont agree with the way it is.
It is up to each hunter to understand the land and where they hunt. It's your responsibility to make sure not on private property and it's ok to hunt. Not everyone follows all the rules and laws out there,so there for you have trespassers. No one here is saying it's ok, but some people do what they want.
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