Bear Spearing was illegal

[TrapJack]

Looking at the Alberta regs. unless i missed something, it seems pretty clear that it was illegal? unless perhaps it happen on a reservation and the laws were different.

but the big game regs pretty clearly define the ONLY two types of seasons and what you can use.

"Archery Only Seasons are those where only a bow and arrow may be used to hunt.
General Seasons are those where either a firearm, cross-bow or a bow and arrow may be used. "

and a spear doesn't qualify as a weapon, or firearm under their laws....


So may he be prosecuted? because to my eye, it appears clear that a spear is not a legal means to kill a black bear?

[godheadx]

If your correct then why did they just pass regulations to prohibit it?

[trimmer21]

If your correct then why did they just pass regulations to prohibit it?

My information is that because Alberta didn't have ANY regulations against spear hunting in the Act,then,it's not illegal,at all. That's why there was a mad scramble to ram a regulation through which,BTW,still hasn't been signed into law by the Alberta L-G,yet.

[Gun Nut]

If your correct then why did they just pass regulations to prohibit it?

The way the Regulations work, whatever is not prohibited is quite acceptable to do. The Regulation in Ontario provide that if you use a shotgun for big game you are restricted in the gauge and types of ammunition you can uses. and if you are using a rifle you are restricted to centre-fire firearms, you may not use rim-fire rifles. If you employ archery there are arrow length and bow strengths to conform to, as well as the type and width of the arrowhead you may use. There is currently nothing in the regulation that prohibits the use of spears for big game hunting. Accordingly what is not prohibited is acceptable for use. Another example of this is baiting of wildlife, when hunting, the Regulation prohibit the baiting of wild turkey, and waterfowl. There is no prohibition about baiting bear or deer. In the case of deer you may only use synthetic lures, while you may not hunt bears near a waste disposal site. Although you may not bait waterfowl, hunting waterfowl in fields with crop stubble is not considered baiting. Beyond the Regulation are your own personal ethics and what you feel good about doing, The question is: Am I taking unfair advantage of a game resource in the way I might be hunting. If so, it's like stopping at a stop sign if enough individual choose to ignore the imposition, by and by the stop sign gets replace with a stop light. If it appears that your personal ethics are not providing for fair chase, by and by a regulation will be put in place to ensure it.

You don't stop hunting because you grow old. You grow old because you stop hunting.
- Gun Nut

[Dythbringer]

From the Alberta hunting regs
http://www.albertaregulations.ca/hun...s/genregs.html

BIG GAME

It is unlawful to

set out, use or employ any of the following items for the purpose of hunting big game:
- ammunition of less than .23 calibre,
- ammunition that contains non-expanding bullets,
- an auto-loading firearm that has the capacity to hold more than 5 cartridges in the magazine,
- a shotgun having a gauge of .410 or less,
- a shotgun in a bird sanctuary,
- bait, except as permitted for the hunting of black bears (click here for more information on Black Bear baiting),
- an arrow other than an authorized arrow (click here for more information on bowhunting),
- a bow other than an authorized bow (click here for more information on bowhunting),
- a muzzle-loading firearm of less than .44 calibre,
- a rifle or shotgun in WMUs 212, 248 or 410 (persons hunting under the authority of a Strathcona White-tailed Deer Licence, a Foothills Deer Licence, or an Antlerless Moose Special Licence in Strathcona County may hunt with a bow and arrow, cross-bow, muzzle loader or shotgun),
- a trap,
- a cross-bow and arrow that is not authorized (click here - to view Hunting with a Cross-bows)

Nothing about spears. So as long as he hunted the bear in a general hunt rather than an archery only hunt, it looks like tge hunt was legal.

[trimmer21]

From the Alberta hunting regs
http://www.albertaregulations.ca/hun...s/genregs.html

BIG GAME

It is unlawful to

set out, use or employ any of the following items for the purpose of hunting big game:
- ammunition of less than .23 calibre,
- ammunition that contains non-expanding bullets,
- an auto-loading firearm that has the capacity to hold more than 5 cartridges in the magazine,
- a shotgun having a gauge of .410 or less,
- a shotgun in a bird sanctuary,
- bait, except as permitted for the hunting of black bears (click here for more information on Black Bear baiting),
- an arrow other than an authorized arrow (click here for more information on bowhunting),
- a bow other than an authorized bow (click here for more information on bowhunting),
- a muzzle-loading firearm of less than .44 calibre,
- a rifle or shotgun in WMUs 212, 248 or 410 (persons hunting under the authority of a Strathcona White-tailed Deer Licence, a Foothills Deer Licence, or an Antlerless Moose Special Licence in Strathcona County may hunt with a bow and arrow, cross-bow, muzzle loader or shotgun),
- a trap,
- a cross-bow and arrow that is not authorized (click here - to view Hunting with a Cross-bows)

Nothing about spears. So as long as he hunted the bear in a general hunt rather than an archery only hunt, it looks like tge hunt was legal.

My point exactly. If there's no specific law against it,then,it's not illegal. I don't think spears are mentioned specifically anywhere in Ontario law,but,our regs are worded in such a way to allow ONLY certain equipment to be used. Alberta law ,so far,isn't worded the same way,obviously which is about to change ASAP.

[Brampton Mike]

Here we go with all the arm chair lawyers!
Godheadx has it right!!!!!!!!!!!!

[rick_iles]

Here we go with all the arm chair lawyers!
Godheadx has it right!!!!!!!!!!!!

Not really.....the contemplated change to their regs, just adds spears to the "is illegal to" list...
Like Trimmer said, the absence of spears in the list, makes their use legal...This guy isn't the only spear hunter. The others just didn't bring attention to themselves.

[sawbill]

With an account I read Alberta had been struggling with this issue long before it became front page news. Because spearing was such a limited activity in their jurisdiction it was just one of those pieces of legislation that gets put on the back burner til it has to be addressed.
Well, now it has.

[TrapJack]

Mum.... ok, so i'm not disagreeing with any of you necessarily. but the regulations are there to tell us what's legal too, it clearly does not state that spears are legal...
If i use your "if it's not listed as illegal, then it's legal" idea, then i can kill a bear by throwing rocks? or with a baseball bat? or frankly anything on earth? you're saying that EVERYTHING is legal that isn't listed specifically as illegal? then it's legal for me to run down deer with my atv? i don't get the point you're trying to make, the regs outline what you can use, and the alberta regs clearly state that there are ONLY SEASONS for bow and arrow, rifle/shotgun, and crossbow. nothing else. how is that awkward to understand, it seems pretty obviously illegal.