Regs test

[brent]

I don't see how there would be any problem with the duck. They may have run into an issue of having a shotgun uncased in the vehicle with them. It all depends on whether the COs determined the access road to be a road. Also not having orange might have been a concern.

Doesn't have to be in a case.

[rick_iles]

Charged and convicted are entirely different . I've seen and heard of a lot of bogus charges being laid over the years !

[finsfurfeathers]

I'd love to read his interpretation. Right from the EC website:

"Since September 1, 1999, the possession or use of lead shot while hunting most migratory game birds has been banned in all areas in Canada."

This is the email I carry with me
#1 - You may possess lead shot while hunting migratory birds as long as you are not using it to hunt migratory birds. The actual wording from the Migratory Birds Regulations is:

Subject to subsection (2), no person shall possess, for the purpose of hunting a migratorygame bird, except a woodcock, band-tailed pigeon or mourning dove, shot other than non-toxic shot;

If you wish to stash lead shot while hunting migratory birds, you should ensure that it is stored legally.

# 2 - In Ontario, your shotgun must be plugged or altered so that it cannot hold more than three shells in the magazine and chamber combined at all times while hunting. This does not apply when using the shotgun for a purpose other than hunting, e.g.target shooting.

I trust this answers your questions.

Sincerely,

David Critchlow

David Critchlow | Provincial Enforcement Specialist | Ministry of Natural Resources and Forestry | 1^st Floor North | 300 Water Street | Peterborough, ON | K9J 8M5

[brent]

No hunter orange with them if they were actually "hunting" grouse?

And also, can they possess a centrefire rifle there, if they don't have a moose licence??

Most of it would come down to if they were actually considered "hunting" while driving in the vehicle when they were stopped.

[rick_iles]

I don't think they were doing anything wrong until such time as they stepped out of the vehicle and shot a bird however I'll hazard a guess that they were charged with not wearing proper hunter orange (not that they should have been).

Thats entirely possible, given the hunting definition, and depending on how they answered the COs question.."are you hunting ?". I have heard of this charge being laid.

[rick_iles]

No hunter orange with them if they were actually "hunting" grouse?

And also, can they possess a centrefire rifle there, if they don't have a moose licence??

Most of it would come down to if they were actually considered "hunting" while driving in the vehicle when they were stopped.

The rifle was in a case, in the truck box. Would be no different than driving to camp before moose or deer season with your encased rifle and hunting chickens on the way in with a .410.

[brent]

The rifle was in a case, in the truck box. Would be no different than driving to camp before moose or deer season with your encased rifle and hunting chickens on the way in with a .410.

It says they have no moose licence. Page 87 of the regs under small game section. 400 foot pound restriction IF they are small game hunting.

[rick_iles]

This is the email I carry with me
#1 - You may possess lead shot while hunting migratory birds as long as you are not using it to hunt migratory birds. The actual wording from the Migratory Birds Regulations is:

Subject to subsection (2), no person shall possess, for the purpose of hunting a migratorygame bird, except a woodcock, band-tailed pigeon or mourning dove, shot other than non-toxic shot;

If you wish to stash lead shot while hunting migratory birds, you should ensure that it is stored legally.

# 2 - In Ontario, your shotgun must be plugged or altered so that it cannot hold more than three shells in the magazine and chamber combined at all times while hunting. This does not apply when using the shotgun for a purpose other than hunting, e.g.target shooting.

I trust this answers your questions.

Sincerely,

David Critchlow

David Critchlow | Provincial Enforcement Specialist | Ministry of Natural Resources and Forestry | 1^st Floor North | 300 Water Street | Peterborough, ON | K9J 8M5

Again, this is only one interpretation. You likely can be charged, simply because you were in possession of lead shot. Most offences under the FWCA require the charged person to prove he/she wasn't in violation. The only interpretation that really matters is the JP,s!

[rick_iles]

It says they have no moose licence. Page 87 of the regs under small game section. 400 foot pound restriction IF they are small game hunting.

They were not carrying or using the rifle. If it was uncased in the cab, then they are toast !

[brent]

They were not carrying or using the rifle. If it was uncased in the cab, then they are toast !

The reg says "possess".........