Bear Spearing was illegal

[Dythbringer]

How I read the regs: http://albertaregulations.ca/hunting...r-seasons.html

so there is an archery only season. There is also a "general" season where the limitations of my previous post would come into effect "no traps" etc.

I have to think if the spear hunter did anything illegal, he would have been charged by now. Furthermore, the guide camp who baited and put him on this bear would have altered the authorities what he was doing/had done or at the very least told him that this action is illegal.

Dyth

[TrapJack]

How I read the regs: http://albertaregulations.ca/hunting...r-seasons.html

so there is an archery only season. There is also a "general" season where the limitations of my previous post would come into effect "no traps" etc.

I have to think if the spear hunter did anything illegal, he would have been charged by now. Furthermore, the guide camp who baited and put him on this bear would have altered the authorities what he was doing/had done or at the very least told him that this action is illegal.

Dyth

The limitations or "illegal acts" section of the guide is not a comprehensive list, it's a "frequently asked: explanations" page. You also can't hunt bears by poisoning them, or killing them with a baseball bat but that's not listed there either, because it doesn't come up.
the "general" season which you alluded to, but failed to completely describe, is defined by a hunt using a firearm, bow and arrow, or crossbow only. and spear does not meet the definition for any of those. so there is no legal spear hunt by definition.

And if you're reasoning is that all outfitters are truthful and never break laws, you're nuts. having worked in the industry for 15 years, i can assure you i see laws broken nearly everyday of the fishing, hunting and trapping season... from booze in boats to poaching, it's everywhere all the time. Outdoors laws are broken like any other laws, jaywalking is overlooked, speeding is overlooked (who drives under 100 on the 401?) the "lesser" laws are a suggestion more than a black and white rule to most...

The only thing i can come up with that would make this hunt potentially legal, which i have mentioned before, would be if he was hunting on a FN reserve, where those regs may be out the window. If this is the case, then any change to the laws to stop this hunt wouldn't work anyways, it could go on and on and on regardless of their legislation shifts.

[MikePal]

I just pulled this wording out of the Alberta Hunting regs under the Bowhunting section...it would appear that there is a specific category or season for hunting with 'primative' weapons...

Bowhunters with appropriate general or special licences may hunt during the general seasons, archery-only seasons and primitive weapon seasons.


Bowhunters are reminded that, in some situations, archery-only seasons for some species may be in progress at the same time as primitive weapon and rifle seasons for other species in the same WMU.

http://aep.alberta.ca/fish-wildlife/...s/default.aspx

May put to rest the question of legality, I'm sure it can be argued that a spear is a 'primative' weapon.

[sawbill]

Alberta has no specific definition of 'primitive weapon' but they do have a definition of 'weapon'.
That definition is very clear however that a weapon would be some sort of device that propels a projectile by mechanical means and they include spring, string, wire etc.
There is no inclusion of a weapon being cast or thrown by muscle power so it is not considered a useable device for hunting.

[MikePal]

I guess that is the 'legal' loop hold..there is no specific definition for a primitive weapon.

He said the 2016 regulations that came into force in July should prevent spear hunting by applying strict definitions as to what constitutes a weapon. But he admitted the lack of a specific ban could make the regulation a grey area. At the time the video was recorded, there was no law in place preventing spear hunting.
http://www.cbc.ca/news/canada/edmont...pear-1.3722070

[Dude Bro]

The MNRF came out immediately and said that hunting with a spear is illegal in Ontario. Not sure how that can be misunderstood.

[Dythbringer]

The MNRF came out immediately and said that hunting with a spear is illegal in Ontario. Not sure how that can be misunderstood.

Well it didn't happen in Ontario. It happened in Alberta.

[seabast]

If it was an illegal act, do you think we would know by now?!? Like the media wouldn't be all over it.......

[sawbill]

I suspect the media are for the most part non-hunters and don't know the right questions to ask.

[seabast]

That's probably the first thing the MNA, medias and tree augers checked.....