Blood Trail??

[Elvis]

Sparky, you did everything right and I don't see a problem in retrieving the animal. Trespass charge (maybe) and that's it. Law enforecement these days are a little over the top because of government politics. Hopefully common sense will prevail.

Good luck, I beleive everything will work out fine for you.

"E"

[fishermccann]

A trespassing ticket is bad enough , but he also lost his deer and his tag, that really hurts.

[flippin]

Here is a thought. Reason I'm hunting a very small area 15 acres why not contact adjacent owners before the hunt for just such situations . At least that is what a responsible person would do.

I see you are possibly 1 of those guys who sit behind the comp and just Blah Blah Blah..
As for Responsible hunter he was....
He didn't realize he was on other persons property.
But he did do his part to recover the deer!!
Good on you for that.
Bowdren you are exactly right. I don't post much on here because of the bashing from others that think they know everything.
Yet when the MNR show up at their door they will be the 1st to cry also.
Good Luck Sparky
Don't just give up.
Flip

[rick_iles]

Go to court and have a trial. Sit down and make detailed notes of what you did, what you said to the CO, when the dogs were used, what the dogs did, the description of the property, etc. Go back, take photos of the site, where you were, where the deer died etc. Photo should show there is no fence or postings. Take photos of the entrance trail to the property in question, showing no postings. Certain land requires proper posting, and some do not. A two day old dog track is of no value at a trial. A lot can happen in a couple days to render any dog evidence useless.
The fact that you were truthfuly answering the CO's questions, showed him where things happened etc., will go a long way at trial. Charging someone with Obstruct etc, based on two day old dog track evidence is ridiculous.
There is always two or three sides to any story. Strictly from what your side is, it seems pretty heavy handed to me. If you are successful at trial, ask for your deer back ! Depending on what charges are laid, I'd be calling a lawyer. Good luck !!

[finsfurfeathers]

Hey fins, I should probably call everyone in my entire area first too. Actually, maybe the entire township, or just to be prepared; the District. And, I should most likely bring four changes of clothes, three cell phones, a township map, two GPS, and a pack of flares just in case. Lol. Get real dude. I assume you don't hunt much, and if you do, you probably spend more time worrying if you left the stove on at home, instead of hunting. Please people, lets try and keep replies reasonable and realistic, and at least semi-intelligent. I posted on here to hopefully hear some rational and helpful ideas on your experiences that maybe similar. I haven't given every detail, simply because it would take three pages. It sums up as: I shot a deer on property I was allowed to be on. It ran and died APPPROX 40-50 ft away. I went and got it. I didn't know I had crossed into the neighbouring property to get it, as there is no clear boundary, nor is there any posted signs where I was (a well-used ATV trail). The MNR dogs only found blood on the neighbours property, and now claim I shot it over there. The shot was high and from the front. I didn't try to hide anything during his entire process. And, I live up the road from where this all happened. I had nothing to hide from anyone. The deer didn't bleed for at least 50 ft. MNR is treating me like a criminal. Ruined my reputation amongst my neighbours, scared my young children coming into my home to take away deer (three officers and three trucks!) and have caused a black mark on my reputation in my small town. I am also a business owner who is liked, and well respected in my area. I find this unacceptable, even if I simply trespassed to retrieve my deer. We need CO's to be a bit more understanding in the field. Following the letter of the law without regard to anything else will never work.


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I've hunted for many years and hunt mostly private land. The biggest complaint from land owners is the disrespect people have regarding private property. Trespassing is a serious issue amongst our community as some or most by the looks of it feel they can cross borders as they please.
Sparky from your post seems your very local to the area and should of respected your neighbors more so. The CO's did nothing to tarnish your reputation you did that on your own.
In life there are three sides to the story. Yours, Theirs, and the truth. Go to court present your side why you feel it was your right to enter private property, and you knew it was private property.

[punkrockerpj]

yikes.
dude it sounds like you shot a deer, did everything you thought was right and in the middle of it, ended up tresspassing by accident.
it also sounds like the other hunter who was asinine enough to call it in is sitting with a tag he wish he could have put on your deer, and threw you under the bus.
yeah-- i get the fact that you tresspassed and if you recognize it, be cool with paying the fine. you did it to get the deer you shot and by accident, made a mistake. if you knew it was private and thought "screw it, i want my deer" i get that too, but be cool with paying the fine then :P

sorry to hear about the bad luck, screwed season and now lost meat and the fact that you're now in hot water. perhaps the other hunter is convinced that you were hunting "his" or "her" lot and wants to send you a message? the thing about a written law is the fact that it does not judge with expectations or grace involved. it just judges. based on that, it looks like you've got a ticket, some explaining to do and if you're lucky, the landowner of the spot you have is understanding enough to let you continue to hunt. the only loophole you can find is the fact that it could possibly be not posted well enough. if you can go that route, maybe you can be let off the charges. doubt you'll get your meat back though.

[sandylowlead]

Ugh... Gotta love times like these.

basing this only on the info you've provided. My first question is we're you cautioned prior to being asked questions by the mnr? Did you feel obligated to speak to them? You were suspected of an offence. imo you should have at least received a caution. At best you have a trespassing issue however, from the sounds of it you did it in good faith.

The he comment on the dog is completely incorrect. A dog is only as good as the handler. This if the handler misses an indicator its an inaccurate track. I'd focus on the skills of the dog handler. Like everything there a good handlers and not so good handlers. Dogs are generally trained to track the freshest scent. In the open woods, that scent may disipate quickly. So if the handler or dog lost the scent tracking it back to your original location that would explain, or at least give doubt as to why the dog never tracked it back to where you say it happened.

Be be sure to request disclosure, in writing. you will received copies of any notes, statements in the file. You'll need to attend the courthouse to make this request. You're entitled to know what they are going to say you did before your trial.

i know it sucks, but try to remember these are only charges, not convictions.

[fratri]

Who is the complainant charging you with trespassing?..... No mention of the owner doing it.

[Duckguy]

I may have missed it, but did the deer cross a fence or any barrier like that, dividing the 2 properties? Was it posted where it crossed.

If the CO is waiting to see what the crown says about charges, then he does not have a very strong case, otherwise he would have just charged you himself.

OFAH will not help you.

Make good notes now and take pics as others have mentioned.

Then just wait and see if you get summonsed to court.

The big issue here is if the property line is properly posted. It doesn't sound like it was posted property or fenced and if that is the case, you will likely not be charged at all.

If you are charged with trespassing, it will likely be under the FWCA as opposed to the Trespass to Property Act. Penalties under the FWCA for trespassing to hunt can be more than just a fine.

[punkrockerpj]

sometimes you have a CO or cop just looking to enforce the law. i had a cop drive by my van parked and noticed that it was posted private. the landowner was not home so he went to the neighbour (who i didn't know). turned out that the bush was shared, so the cop himself instigated the charge. neighbour had no issue with me hunting so cop wished me well and drove off. i always like to think the best of law enforcement but am aware that sometimes they're just looking to do their job-- which means enforcing the law.

i'm interested to hear how this pans out.