Wild Turkey Hunting private land...pressure due to Covid-19 restrictions

[MikePal]

Now if someone found me and I said sorry i'm lost does that make me what everyone here is portraying as this evil trespasser .

No and the law will protect you...if the land is not clearly defined or signed, it is up to the occupier to prove you're trespassing and ask you to leave.

It is an offence to trespass on public and private property in Ontario. Under the Trespass to Property Act, you commit trespassing when you:

go onto another person’s property where it is prohibited with notice in writing (can be a sign stating ‘NO ENTRY’);

do something on another person’s property that is prohibited. Things that are prohibited are listed on a sign; or

do not leave the property immediately after being told to do so by the owner or a person authorized by the owner.

If you can show that you thought that you had permission to be on the property, then you have a defence to a trespassing charge. It is up to you to convince the court that your belief was reasonable. Permission can be withdrawn at any time and it would be trespassing if you were asked to leave the premises and refused to do so.

Entry on to Private Property

In general, terms anyone may enter onto private property to do anything, which is lawful without occupier permission unless the entrant has been given notice that entry is prohibited. Therefore, a private owned bush lot is available to the public until the occupier notifies otherwise. The occupier has a number of options when it comes to letting people know that entry is prohibited or that activities are restricted.

[Ontariofarmer]

No and the law will protect you...if the land is not clearly defined or signed, it is up to the occupier to prove you're trespassing and ask you to leave.

Correct me if I am wrong. But a fence means no trespassing. A cropped field means no entry. Red dots and signs as well.


Sent from my iPad using Tapatalk Pro

[JMatthews]

No and the law will protect you...if the land is not clearly defined or signed, it is up to the occupier to prove you're trespassing and ask you to leave.

Read what I posted and it will tell you that you are incorrect. For example any cultivated land as deemed private property.
Sounds like someone making excuses and looking for loopholes so they can trespass. People like this definitely need to stay home. Read the information again and it states very clearly if you don’t have permission, you are trespassing.

[MikePal]

Correct me if I am wrong. But a fence means no trespassing. A cropped field means no entry. Red dots and signs as well.

I agree...but as I said...

"if the land is not clearly defined or signed

..in response to Tom Goggle situation.,:

There is know boundary lines or stakes out, theres no trees cut down or signage. I got turned around in the forest and walked to far onto another property,

[MikePal]

Read what I posted and it will tell you that you are incorrect. .

Ditto....

[Badenoch]

Not every one that is caught trespassing means to trespass. Im guilty but my intent was not to trespass. I was hunting a bush lot that joins into another bush lot, that is owned by someone else. There is know boundary lines or stakes out, theres no trees cut down or signage. I got turned around in the forest and walked to far onto another property, when I got cell service I checked my map and realized I was a property over from where I was supposed to be. Was it my fault yes, did I mean to do it know. Now if someone found me and I said sorry i'm lost does that make me what everyone here is portraying as this evil trespasser .

I'm one of several rural property owners with adjoining acreages who have an informal "property watch" when douchebags from the city show up during hunting season. "I'm lost" is second only to "I didn't see no signs" as the typical excuse when a trespasser is found. Also heard was "Yeah, well I got permission from (insert imaginary name)" or "I got a right to hunt here" or some other lameass excuse. Say what you want when we catch you. You won't be believed and you will be reported.

[trimmer21]

Interesting how some people are looking for loopholes. It’s very simple, don’t go on land that you do not own or have permission from the owner to use. If this isn’t the case, you are trespassing. Simple!

I don't think posters,here,are looking for loopholes. Trespassing,in and of itself,is not an absolute offense except under only one circumstance and that's specifically defined as "land under cultivation" which includes "woodlots" when crops are under a certain height. In every other circumstance,proper signage must be clearly visible as prescribed. Failure to do so allows the trespasser a defense against a charge. It's also important to note that a landowner or agent must advise a trespasser that they are,in fact,on private property and order them to leave. An offense only occurs if they refuse to do so,forthwith. The set fine is only $250. Is that really worth all the angst against trespassers? Nope,not in my book. Too many bad things can happen when confronting others when you have no idea who or what you're dealing with.

[rick_iles]

I'm one of several rural property owners with adjoining acreages who have an informal "property watch" when douchebags from the city show up during hunting season. "I'm lost" is second only to "I didn't see no signs" as the typical excuse when a trespasser is found. Also heard was "Yeah, well I got permission from (insert imaginary name)" or "I got a right to hunt here" or some other lameass excuse. Say what you want when we catch you. You won't be believed and you will be reported.

Reported and charged are two very different things. If someone mistakenly wonders on to property, the offence occurs only if he/she does not leave when directed by an occupier or owner....unless the property is clearly marked, or is such that signage or marking is not required. ie, fenced, land under cultivation, tree nurseries, wood lots on agricultural land...etc...
Trespassing is the number one complaint COs handle. The TPA needs an overhaul !! I can see a day coming where written permission is mandatory ...

[trimmer21]

Reported and charged are two very different things. If someone mistakenly wonders on to property, the offence occurs only if he/she does not leave when directed by an occupier or owner....unless the property is clearly marked, or is such that signage or marking is not required. ie, fenced, land under cultivation, tree nurseries, wood lots on agricultural land...etc...
Trespassing is the number one complaint COs handle. The TPA needs an overhaul !! I can see a day coming where written permission is mandatory ...

I absolutely agree. Instead of amendments to the Trespass to Property Act,the re-write should be under the FWCAct to pertain to "trespass to hunt" specifically. Fines should be $2500 instead of $250 and landowner's written permission should be required in every circumstance. Hunters trespassing complaints was the #1 PITA complaint we had to respond to. 95% of the time,the trespassers were gone on arrival and the complainant could give us no information as to description of people or vehicles. It was a huge waste of time and the reason those complaints immediately went to the bottom of the occurrence list if we were busy with more serious incidents.

[JMatthews]

I don't think posters,here,are looking for loopholes. Trespassing,in and of itself,is not an absolute offense except under only one circumstance and that's specifically defined as "land under cultivation" which includes "woodlots" when crops are under a certain height. In every other circumstance,proper signage must be clearly visible as prescribed. Failure to do so allows the trespasser a defense against a charge. It's also important to note that a landowner or agent must advise a trespasser that they are,in fact,on private property and order them to leave. An offense only occurs if they refuse to do so,forthwith. The set fine is only $250. Is that really worth all the angst against trespassers? Nope,not in my book. Too many bad things can happen when confronting others when you have no idea who or what you're dealing with.

This is sort of like saying I slept with your wife because no one told me I couldn’t. Plain and simple, if you own the land or you have permission directly from the owner, you can go on it. If not, you are trespassing.
Anyone without direct permission is not allowed on the property. Why is this so hard to grasp? I don’t give a s*** whether you will be charged or how much, just admit that trespassing is wrong. You can’t argue with facts.