Question About Accompanying A Hunter

[Synergy7146]

Hey guys, just a quick question here. I was wondering if these situations would be legal?

Situation 1) One person is hunting turkey. They have their licenses and tags. One of their friends wants to come along. The friend does not have a license or tag of any sort, and does not touch any firearms or make any calls during the hunt. They just observe.

Situation 2) One person is laying trail cams for an upcoming deer hunt. They have licenses as needed. Their friend wants to come along. The friend does not have anything, and is just accompanying the hunter while they set up trail cams.

Are both these situations legal?

[sabmgb]

personally I'd send and email to the MNR and get the correct answer. Everyone will have their own opinion but there is only one that counts

[Birdbuff]

I'm no lawyer but I believe both scenarios are legal. You aren't an active participant of the hunt, merely an observer. Nothing illegal about setting up trail cams in the woods.

[finsfurfeathers]

Sounds good to me. Seems you have the understanding that the observer can't be an active participant during the hunt, though if it was me packing out the turkey and carrying in the cameras would be the observers job.

[gbk]

#2 should be straight forward OK.

What if one is "just"a wildlife lover ,a citizen without a licence ,and wants to take some wildlife photos. Based on the question-we can safely say,that birdwatching would be close match to the trail camera situation-and no one was ever challenged for that.
Plus-based on the "generally "understood definition of hunting in Ontario,there will not be an animal "harmed" by any means -AT the time, the observer is there.

#1-I think this will be a big NO.
Situation can be easily interpreted(or done,for that matter)that the observer may/will contribute to "harming"an animal.

Best to ask an official.

[finsfurfeathers]

#2 should be straight forward OK.

What if one is "just"a wildlife lover ,a citizen without a licence ,and wants to take some wildlife photos. Based on the question-we can safely say,that birdwatching would be close match to the trail camera situation-and no one was ever challenged for that.
Plus-based on the "generally "understood definition of hunting in Ontario,there will not be an animal "harmed" by any means -AT the time, the observer is there.

#1-I think this will be a big NO.
Situation can be easily interpreted(or done,for that matter)that the observer may/will contribute to "harming"an animal.

Best to ask an official.

Although the best part of your advice is ask an official a little common sense will go a long way
As per the FWCA
"“hunting” includes,

(a) lying in wait for, searching for, being on the trail of, pursuing, chasing or shooting at wildlife, whether or not the wildlife is killed, injured, captured or harassed, or

(b) capturing or harassing wildlife,

except that “hunting” does not include,

(c) trapping, or

(d) lying in wait for, searching for, being on the trail of or pursuing wildlife for a purpose other than attempting to kill, injure, capture or harass it, unless the wildlife is killed, injured, captured or harassed as a result,"
Intent determines the condition.
So in the case of an "Observer" they would fall under the exception activities
(d) lying in wait for, searching for, being on the trail of or pursuing wildlife for a purpose other than attempting to kill, injure, capture or harass it, unless the wildlife is killed, injured, captured or harassed as a result,"
So as long as their actions are not a direct result ( not may/will) the wildlife is killed, injured, captured or harassed they are good to go.
If one is really concerned than put a camera or gopro in their hands and call 'em a bird watcher.

[overtheir]

There was a very similar question in the hunt ontario mag ,ask a CO question the answer was there

[Warren.J94]

Both seem legal to me

[Sam Menard]

As long as a person isn’t engaged in hunting (see legal definition) they are fine. Spectators are welcome!

[FishHog]

There was a very similar question in the hunt ontario mag ,ask a CO question the answer was there

Was just going to say this.
search for it and you will find absolutely legal to spectate. Just can’t participate. How else would we ever take kids out into the field