Bear Spearing was illegal

[TrapJack]

Actually I am not missing the boat. You fail to understand the law. Whether you like it or not, our laws in this country follows the constitutional principal of English law which is everything which is not forbidden is allowed. Our country makes laws about what you can do by expressing what is not allowed.

As for your examples, dynamite is a federally restricted item, you can't use a boat to kill, injure or harass wildlife, tannerite using your example actually happens in some of the US with feral pigs and I don't see anything in the game laws to suggest it is otherwise here (granted people probably haven't done it so the laws didn't have to change), and if you want to choke a bear with barbed wire, best of luck as it isn't illegal but most unwise. As for mortars, the game laws wouldn't be stopping you but the federal government as it is a prohibited weapon per the criminal code.

Which laws are you referring to which would incorporate wildlife? Wildlife law follows the various conservation acts (in whatever form they are in) hence the terminology of hunting as harassing, killing or injuring wildlife and then derive the laws to protect wildlife from that definition. Wildlife has no rights under any other law. That is why the wildlife law (or acts) are in place.

You want so desperately for this hunt to be illegal you are willing to ignore the law as it is written. The law in Alberta doesn't qualify illegal items as bow and arrow, crossbow and firearm. You are wrong. It qualifies illegal items under that list because that list is in the law. Slingshots are a method of hunting which is approved under Alberta law (and Ontario law too). They aren't a bow and arrow, crossbow or firearm.

i'm not even going to bother reading your entire message once again... let's start with your first paragraph, and move along... My post was only to combat yours, in which you stated that the lists you posted were all-encompassing, THEY ARE NOT, because laws exist OUTSIDE of those lists that apply to hunting. Like animal abuse regulations, which are not written in to your precious lists but still apply. YOU LISTS ARE NOT THE BE ALL AND END ALL, STOP QUOTING THEM AS GOSPEL, good lord....
your previous post was a "well it's not on the list" so i stating things that aren't on your lists that are still illegal, proving that your lists are not the entire story....
furthermore THE LAW DOES SAY THAT YOU CAN ONLY BIG GAME HUNT WITH A FIREARM, CROSSBOW, OR BOW AND ARROW, do you dispute that?????? because it's extremely clear and at the top of every big game hunt in the regulations, what part of that can't you understand...

[TrapJack]

Good grief Trapjack...

You seem to have a one track mind, and now are on the verge of insulting others who don't share your "opinion".

1. The province of Alberta has openly admitted that the use of a spear constituted a loophole in the game regs. Which part of that did you miss in the myriad of articles posted on the same matter?

2. No charges were laid, and no charge will be laid for the same reason.

3. The Province of Alberta has publicly stated that they will be amending their game laws to encompass the use of spears. Why on earth would that be necessary if, ( according to you) that it was illegal, and plainly so in the first place?

Throw your credentials on the table friend. You're not an Alberta CO, nor are you a practicing member of the Bar in this Country. Your opinion, while argued fairly well, is just that.

You even admitted that he was legal in another thread! Your words:

[COLOR=#333333]There is nothing redeemable about that statement, and it's filled with inaccuracies and outright idiocy.
[COLOR=#333333]Legal hunter, yes. Someone that any of us should want as our most vocal and visible member? certainly not... And unfortunately to the world on todays date, that's what he is, our most vocal and visible fraternity member. and it's embarrassing. He's why we have to defend ourselves, idiots like him that make the most noise and scream the loudest.

The only one "missing the boat" is the one who stands firmly on the shore insisting that the tides not rising. ( metaphor intended).

it's not opinion. the regulations state unequivocally that you can only big game hunt with a firearm, crossbow or bow and arrow, unless you can find some legislation that counters that fact? because i have yet to hear it/see it... thank you for letting me know what i do or don't do for a living, more proof you're just a assumption artist with no facts... the public campaign to combat this event is not the same as the word of law. alberta is attempting to distance itself, and make this go away as quietly as possible, political plays are not the same as written law...

[TrapJack]

show me anything that counters the simple black and white regulation that states that it is only legal to hunt in alberta for big game with a firearm, crossbow or bow and arrow. then we can talk. i'm the only one here stating relevant fact that is incontrovertible. It's not about "how you read the regs" or "their intended purpose" etc etc, it's black and white, those are the only legal means to take big game in alberta.

[TrapJack]

until you can post legislation that counters those direct quotes from the regulations, there is nothing to talk about. the regs are clear on what's legal.

[TrapJack]

It's at the top of every big game page, seems pretty clear and obvious? am i the only one that looks at this and knows exactly what's legal and not? obviously spear is NOT

[welsh]

My post was only to combat yours, in which you stated that the lists you posted were all-encompassing, THEY ARE NOT, because laws exist OUTSIDE of those lists that apply to hunting. Like animal abuse regulations....

Which regulations are those?

Alberta's Animal Protection Act does not apply to wildlife. Neither do the animal cruelty provisions of the Criminal Code of Canada.

... furthermore THE LAW DOES SAY THAT YOU CAN ONLY BIG GAME HUNT WITH A FIREARM, CROSSBOW, OR BOW AND ARROW, do you dispute that?????? because it's extremely clear and at the top of every big game hunt in the regulations, what part of that can't you understand...

the regulations state unequivocally that you can only big game hunt with a firearm, crossbow or bow and arrow, unless you can find some legislation that counters that fact?

Dyth quoted the law itself, and it does not in fact say that. And he is 100% correct that anything not prohibited is allowed.

"The regulations," as published in summary form, are not the law. They aren't even the regulations. They're a simplified summary published to aid the public, and that summary may not have anticipated that somebody would hunt a bear with a spear. Something written on a government website is, similarly, not the law. The law is found in the law itself, the regulations made under that law, and in case law.

These are the sources you need:
http://www.qp.alberta.ca/documents/Acts/W10.pdf
http://www.qp.alberta.ca/documents/Regs/1997_143.pdf
https://www.canlii.org/

Unless you can point to something in one of those sources that bans hunting other than with firearms and bows, I'm going to suggest you desist.

[jaycee]

TrapJack !

Why are you still arguing here with us on this forum ?

Your arguments should be with your own Provincial Gov. as they are the ones that make up and enforce the laws of that Province.

We here in Ontario have our own laws which are in a lot of cases different than yours .
You are beating a dead horse on an issue which you have lost many posts ago.

By any chance , have you been banned from posting on a forum such as this , but is from Alberta? and now have come over to this forum and try to convince us that we are all wrong and you are right?

Also , by any chance are you perhaps "BlackWolf " reincarnated and back on this forum ?

[Bluebulldog]

it's not opinion. the regulations state unequivocally that you can only big game hunt with a firearm, crossbow or bow and arrow, unless you can find some legislation that counters that fact? because i have yet to hear it/see it... thank you for letting me know what i do or don't do for a living, more proof you're just a assumption artist with no facts... the public campaign to combat this event is not the same as the word of law. alberta is attempting to distance itself, and make this go away as quietly as possible, political plays are not the same as written law...

1. No they don't. It's in fact been pointed out several times for you.

2. I'm not an "assumption artist". I deal with all different facets of law enforcement, as well as crown and judiciary. If you were a lawyer, you would have cited case law like Welsh did. If you were a CO, you would have bowed out of this conversation pages ago, as a professional would have been compelled to. No, a review of your post history on this forum reveals you to be long on legal opinion in more than just this matter, but yet nothing backing it up.

3. You compound your position by my earlier post, where you said in another thread that it WAS a legal hunt, but not good for optics....so which is it? You seem to flip flop between your different threads?

4. You then further post what the province of Alberta is doing. Yet, nothing backing that up either.....

[Species8472]

Also , by any chance are you perhaps "BlackWolf " reincarnated and back on this forum ?

Good one. I expect if he is he has learned not to reference God or shooting skills.

[MikePal]

finally put an end to this...:

EDMONTON — An Alberta government spokesperson says a U.S. hunter who posted a video of himself baiting and then killing a bear with a spear will not face charges.

The spokesperson with Alberta Justice said the investigation into the video, posted on YouTube in June by hunter Josh Bowmar, is done and there was no evidence to suggest any law was broken.

http://edmonton.ctvnews.ca/after-inv...pear-1.3041205