Jump to content

Glaucus

Members
  • Posts

    48
  • Joined

  • Last visited

About Glaucus

Profile Information

  • Gender
    Male

Recent Profile Visitors

1,779 profile views

Glaucus's Achievements

Minnow

Minnow (2/10)

0

Reputation

  1. From the Canadian Shooting Sports lawyer Edward L. Burlew, L.L.B. CSSA Counsel http://cssa-cila.org/legals/no-warrant-no-entry/ The law presumes all searches and seizures to be a breach of the Charter of Rights and Freedoms, Section 8 which says: "Everyone has the right to be secure against unreasonable search or seizure." The search and seizures will be upheld by a court only if the police have acted in strict compliance with the provisions of the Criminal Code as interpreted by the courts. When arrested the accused can be searched for evidence and for weapons. This is done to preserve evidence and for safety. If a person is arrested outside his home then the police cannot enter his home without a warrant. If a person runs into his home and the police are in hot pursuit then the police can follow him/her into the home and arrest. Then they may do a limited search of the persona and the area. If a person is arrested with a vehicle then the police may move the vehicle for safety and shall inventory the contents that are in sight. They cannot rip the car apart without a warrant and there must be reasonable grounds to believe evidence of an offense will be found. The Charter of Rights and Freedoms tells you in section 8: "You have the right to be free from unreasonable search and seizure". What is "unreasonable"? The Criminal Code provisions have from time to time been found to be unreasonable by the Supreme Court of Canada (R. v Feeney). The first step in "what is unreasonable grounds" to believe an offense has been committed. First the police must know that the law was broken. This eliminates random checks and routine stops and inspections. To arbitrarily stop any citizen and say "I am searching you to find out if you possibly broke the law" is the epitome of unreasonable search. The police cannot stop you and search your car or enter your home without knowing a law was broken and then having some real factual link to you and the broken law. When you are stopped ask: "Why?" The officer must tell you why. "I am doing a routine check" is not right or sufficient reason to stop you. Why does the officer believe you do not have a driver's license or insurance or a seat belt? He has no reason unless he knew of a real fact before he stopped you. Show him your license, insurance or buckled belt. Do not let him search the car. He will be looking inside for evidence of an offense. Keep your guns out of sight. He will be smelling for drugs or alcohol and if he "smells" either then he may arrest you for that and conduct a "search incident to arrest". But first he must have reasonable grounds to arrest. Police cannot go fishing or even deep trolling to find evidence without pre-existing reasonable grounds. Your home is your castle. You have a right to privacy in your dwelling. That can be a house, trailer, tent, log cabin, place of business, vehicle you sleep in, vehicle parked on your property. The police cannot enter upon the land or into any structure without a warrant. The only exception is where there are "exigible grounds". "No warrant, No entry" is a mantra you must remember. Exigible grounds is a fancy work for facts of hot pursuit from off your property onto them or outside your dwelling and into it, or if the officer believes that you may run away or destroy the evidence he/she is after. Otherwise without that the officer must obtain a warrant. The warrant must be specific as to who can enter, the time, place and what is to be searched for. You do not have to help the officer search. That would breach section 7 of the Charter of Rights and Freedoms. C-68 says you must assist a firearms officer but that may be infringement of the Charter of Rights and Freedoms and it needs judicial review of such a power. Consent Searches: Any person can at any time consent to the police searching themselves or any place. The question is why would you do that? Looking at the consent to search it must be a free choice free from any threats or inducements. The police cannot threaten or induce the person to give consent. The circumstances must always be reviewed. Also the court has to be clear as to who can give the consent to the police searching another person's house. Any owner of a property can consent to a search. The title of the property is important. The police will try to say you gave consent where they can reasonably believe you consent. The mere act of inviting the police into your house, office, vehicle is an implied consent. The police will start to search. If the police spot something offensive you will be arrested and then the search incident to arrest will begin. The point is to not ask the police to come in. Stand out in the rain and snow, with the neighbours watching and with your door closed. The scope of a consent is also important. If you clearly say "search me" that is your person, not your house. A consensual search of a garage is not the whole house. But how is this documented? By writing. Do not let the police make all the notes; you can do that too. Consent can be withdrawn. Tell the police to leave; the consent is over. They have to leave unless they have at that time found evidence of an offense and arrest you. Then they can continue with a search incident to arrest. If the police come in on a consent and "find nothing" or leave but really may have found "reasonable grounds" then they can use the evidence they saw to bolster the application to a judge for a search warrant. They can do that now or later; they can wait. The Routine Stop And Search: This does not exist. The police cannot detain you without grounds. Period! That is a fundamental freedom. If you are stopped, the police must tell you why. If there is no evidence of an offense then you can keep going. If you are driving you have to show license, registration and insurance but you can do that without exiting the car or opening the window. On a RIDE check, you must stop and be checked but that is a short stop. Be sure though that the police will be giving the car a once-over with their eyes. Police Power To Enter: Criminal Code, Section 101(01) No warrant, if not a dwelling house, where a police officer believes on reasonable grounds that an offense is being or has been committed with respect to firearms or ammunition AND that evidence is likely to be found on a person or in a vehicle or any place other than a dwelling house AND by reason of exigent circumstances it is not practical to obtain a warrant THEN the police officer may search without warrant that person, vehicle or place. Note all of the pre-conditions: reasonable grounds, not a hope or suspicion, not fishing; not a dwelling house, ie house, apartment, tent, motorhome; evidence is likely to be found; exigent circumstances - hot pursuit; not practical to get a warrant - there are now telewarrants. Criminal Code, Section 487 Section 487 of the Criminal Code provides for these warrants. The police must convince the court that there are reasonable grounds to believe that there is in a building, receptacle or place evidence that an offense occurred or something that will be used in the commission of an offense. The police must go to court on an affidavit. If they have to they can do this by a telewarrant. This warrant is specific as to time, place, what is to be searched for and seize. These are always challenged in court. EDWARD L. BURLEW, LL.B. Barrister and Solicitor 16 John Street Thornhill, Ontario L3T 1X8 1-888-GUN-LOSS MY COMMITMENT IS VIGOROUSLY TO ADVOCATE YOUR LEGAL RIGHT TO BEAR ARMS, TO PROTECT YOUR HERITAGE RIGHTS, TO HOLD TRUE TO THE TRADITIONS OF SPORTSMEN
  2. You can remove water from gasoline by filtering it through chamois. http://chamoisinfo.com/page/fuel-filtration
  3. The MNR wants pictures of some OOS fish!
  4. I remember the case of "Regina vs. Kenneth Douglas Procyk" This court case set a precedent regarding the sale of taxidermy mounts. It would be interesting to see how the courts would deal with this, should it arise again today.
  5. There is well documented scientific proof that felt represents a problem in wading boots, felt soles provide a perfect home for transporting invasive species. Get a new modern pair without felt, and ditch the old ones!
  6. <iframe width="420" height="315" src="http://www.youtube.com/embed/hDKNKeY4qc4" frameborder="0" allowfullscreen></iframe> <iframe width="420" height="315" src="http://www.youtube.com/embed/wu0NIBAUz5w" frameborder="0" allowfullscreen></iframe>
  7. Sadly there are PhD's driving cabs in Canada that would take your job for little more than minimum wage. It's tough out there. Be great full that you have a job...you'll have to tough it out. I don't mean to sound like a goof, but there are plenty of guys out there that would take your job for less pay than what you or I would consider reasonable. Save and invest any overtime for your retirement!!!! Do take care of your health, and try to find a balance between work and recreation. From the Toronto Star: http://www.thestar.c...al-element-jobs "Twenty years ago a typical manufacturing worker on the shop floor had a high school education. In 2012, in the new advanced manufacturing sector, it's an aerospace engineer with two masters degrees and an MBA, maybe from India"
  8. Uh oh!!! Buying or selling includes "barter or trade" http://ontariofishin...showtopic=45141 If the mods have any integrity they won't delete this post!!!! The mods as well as the community know who to call:sarcasm:
  9. http://www.mnr.gov.o...ment/275319.pdf
  10. Ontario version of the Alabama rig
  11. Why not make your own fluoro leaders? It's quite simple. You can use what ever strength leader material, as well as snaps and swivels that you desire. Fluoro leaders are cheaper than steel leaders in the long run...they don't fray, twist, get mangled, or kinked like steel leaders do! A $15.00 fluoro leader will outlast $15.00 worth of steel leaders!!! It's not about invisibility....but durability. Here's my old blog that was deleted by the powers that be here on Oh!FN. Luckily it was saved and cached: DIY fluorocarbon leaders BTW,if you see a pike following your lure...then speed up your retrieve!
  12. Bump!!! Scadding Court in Toronto is offering trout fishing for all once more!!! http://www.scaddingcourt.org/gone_fishin "Gone Fishin’ The 2011 Gone Fishin' will take place from Monday June 13 - Saturday June 18, 2011. The Scadding Court pool will be transformed into a trout pond where people of all ages, backgrounds and abilities will have the chance fish for rainbow trout. Besides being lot of fun, it is a chance to learn about ecology, the environment, nutrition and where food comes from. This unique event addresses issues of health and wellness, food access and security and presents an innovative alternative use for public swimming pools as community resources. 2011 Gone Fishin' Scadding Court Community Centre Indoor Pool Monday, June 13 – Saturday, June 18, 2011 Monday - Friday 3:30pm – 7:00pm Saturday 10:00am – 5:00pm Open to the General Public Entry Fee: $3.00 per person with a limit of one (1) fish Each fish over the limit is $3.50 A .75 cents fee will be charged for each fish cleaned $75 for School Groups School group bookings are available during the day (10:00 a.m. to 3:00 p.m. Weekdays only). Organizers have the right to limit the number of fish per person. To ensure maximum participation from the community, fishing time may be limited to 40 minutes per visit. Children under 12 must be accompanied by an adult. Click to view 2011 Gone Fishin poster For more information, please call Mohsin Khattak at 416 392 0335 x 228"
  13. Lithium ion deep cycle batteries are the lightest currently available. Though $$$$$. http://lithiumion-batteries.com/marinespecs.aspx
×
×
  • Create New...