bigfish1965 Posted December 17, 2009 Report Posted December 17, 2009 You had better get a legal interpretation of residence, rented ice huts are NOT. Maybe "up north" things are done different, but the rules are still the same. Look under the LLA. Rented cottages and such qualify as residences by law. It is where you are living. Why would a rented ice cabin be different? And Dara...really? Laws have never been aimed at those who are responsible. Unfortunately too few of us are. Again, you live where you can go on a lake and not see a boat all day, but where most people live the lakes are as busy as a highway and you'd better have your wits about you or trouble is soon to follow.
cram Posted December 17, 2009 Report Posted December 17, 2009 I wish the laws here were based on a foundation of self-reliance. If i'm doing somethign that puts others at risk, then by all means i should be restricted from doing that. I don't need laws that keep me from doing somethign to myself. If i'm having a beer in a canoe, i don't see who i am harming.
bigfish1965 Posted December 17, 2009 Report Posted December 17, 2009 I wish the laws here were based on a foundation of self-reliance. If i'm doing somethign that puts others at risk, then by all means i should be restricted from doing that. I don't need laws that keep me from doing somethign to myself. If i'm having a beer in a canoe, i don't see who i am harming. The people who try to rescue you if you get stupid drunk and tip.... There are as many fatalities in unpowered boats than powered boats.
smally21 Posted December 17, 2009 Report Posted December 17, 2009 The people who try to rescue you if you get stupid drunk and tip....There are as many fatalities in unpowered boats than powered boats. unfortunately rick is right on here. while you should be allowed to do stupid things (say base jumping for example) we live in a place where all efforts are made to rescue/recover the 'daring' among us. so that dude had every right to jump off the escarpment with a parachute in his hand. however he didn't have the right to endanger the emergency personnel who had a duty to remove him from the side of the cliff he mangled himself on. so we have laws (lots of them!) to prohibit these actions. maybe a bad example but the idea is the same. and by the way i don't see the harm in having a cold one in your canoe! empties, i beleive, are construed as refuse not alcohol.
Hud Posted December 17, 2009 Report Posted December 17, 2009 He was lying to you.Its your residence so you can drink there. You could have a tent and a pee pot, as long as you are spending the night you can drink. kind of what I thought but hey was the one with the badge and gun lol
Weeds Posted December 17, 2009 Report Posted December 17, 2009 The people who try to rescue you if you get stupid drunk and tip....There are as many fatalities in unpowered boats than powered boats. If one or two beers gets you stupid drunk you probably should not be drinking anywhere. One or two beers don't tip canoes.
JohnF Posted December 17, 2009 Report Posted December 17, 2009 If one or two beers gets you stupid drunk you probably should not be drinking anywhere. One or two beers don't tip canoes. It's the thin edge of the wedge. Most restrictive laws (and which ones aren't to most folks?) originate out of the inability of a few to exercise proper judgment and self control. The majority therefore are assumed to subscribe to the same standard of irresponsibility. If the enforcement of laws was predicated on the individual's self assessed standards of responsibility there'd be no need for the laws. Do you know anyone who doesn't think "I'm perfect, but I'm just not so sure about you." JF
cram Posted December 17, 2009 Report Posted December 17, 2009 The people who try to rescue you if you get stupid drunk and tip....There are as many fatalities in unpowered boats than powered boats. Rick - you think its appropriate that because some guy gets "stupid drunk" somewhere and kills himself i can't have 2 beers in my canoe when i go for a an afternoon paddle and hike? I would much prefer a little flavour of self reliance in our laws. Why should we govern society down to the lowest common denominator? Govern and restrict the "majority" of us as though we are the few dumb and really reckless people in the minority? That is one aspect i like about the US. Hurt someone, you are incredibly liable, but you're not governed like a daycare facility. One day we'll all have to wear safety helmets to walk down the sidewalk.
JohnF Posted December 17, 2009 Report Posted December 17, 2009 Rick - you think its appropriate that because some guy gets "stupid drunk" somewhere and kills himself i can't have 2 beers in my canoe when i go for a an afternoon paddle and hike? I would much prefer a little flavour of self reliance in our laws. Why should we govern society down to the lowest common denominator? Govern and restrict the "majority" of us as though we are the few dumb and really reckless people in the minority? That is one aspect i like about the US. Hurt someone, you are incredibly liable, but you're not governed like a daycare facility. One day we'll all have to wear safety helmets to walk down the sidewalk. Unfortunately applying the "lowest common denominator" rule is about all that works. I'll use myself as an example. I believe I'm an above average driver. I've had one accident in almost 50 years of driving and it was nowhere close to being my fault. A semi crossed the median and took out 11 cars on the 401 in a snowstorm. I'm not a lane jumper. I maintain my vehicles mechanically to the highest practical standard with good tires etc. I consider the road and weather conditions and try to never drive beyond my abilities to react to situations within my control. I have a bit of racing experience. I never drive if I've been drinking at all. But I always liked to drive fast so it would be nice if I could explain to the cop who stops me that for all those reasons I should be exempt from silly restrictive speed laws. And of course if I get away with it because I'm such a credible soul, then the guy who thinks he's an excellent fdriver with only a few lite beers under his belt has a similar argument for why he should be exempt, and his buddy who says he can hold his liquor even better is right in claiming that he's perfectly in control with 3 or 4 lite beers in him, etc etc. Ultimately we get to the guy who says he can guzzle a quart of scotch and still see to drive asking why he should be restricted. Drivers and drinkers are really just like a union. Everything is geared to the lowest common denominator. The responsible folks suffer for the stupidity, laziness, irresponsibility or whatever of the lowest of the order. Imagine if there were no drinking and/or driving laws. Our world would be an exciting place. Sometimes laws are an inconvenience but think about all the laws that make your life safer or more comfortable. JF
cram Posted December 17, 2009 Report Posted December 17, 2009 Unfortunately applying the "lowest common denominator" rule is about all that works. I'll use myself as an example. I believe I'm an above average driver. I've had one accident in almost 50 years of driving and it was nowhere close to being my fault. A semi crossed the median and took out 11 cars on the 401 in a snowstorm. I'm not a lane jumper. I maintain my vehicles mechanically to the highest practical standard with good tires etc. I consider the road and weather conditions and try to never drive beyond my abilities to react to situations within my control. I have a bit of racing experience. I never drive if I've been drinking at all. But I always liked to drive fast so it would be nice if I could explain to the cop who stops me that for all those reasons I should be exempt from silly restrictive speed laws. And of course if I get away with it because I'm such a credible soul, then the guy who thinks he's an excellent fdriver with only a few lite beers under his belt has a similar argument for why he should be exempt, and his buddy who says he can hold his liquor even better is right in claiming that he's perfectly in control with 3 or 4 lite beers in him, etc etc. Ultimately we get to the guy who says he can guzzle a quart of scotch and still see to drive asking why he should be restricted. Drivers and drinkers are really just like a union. Everything is geared to the lowest common denominator. The responsible folks suffer for the stupidity, laziness, irresponsibility or whatever of the lowest of the order. Imagine if there were no drinking and/or driving laws. Our world would be an exciting place. Sometimes laws are an inconvenience but think about all the laws that make your life safer or more comfortable. JF Like i said, John -- if you're doing something that endangers others than i *get* putting restrictions on the lowest common denominator. Speeding, aggressive driving, or drinking and driving endanger others. Me having 2 beers in my canoe is in no way endangering anyone. In fact, if i have 3 beers in my canoe i am likely DUI....so as far as the law is concerned i am a bigger hazard to society than the guy driving down a 50km/hr road at 98km/hr. Think about THAT for a minute.
Fish4Eyes Posted December 17, 2009 Report Posted December 17, 2009 If you really need the beer that bad, then drink it before heading out. Beer is not crack, you do not hurt and feel pain if you don't have it. Dependent on who you ask I suppose
Anderson Posted December 17, 2009 Report Posted December 17, 2009 I think that if you are paddling a canoe and drinking beer wouldn"t you be PUI not DUI Just my thought
JohnF Posted December 17, 2009 Report Posted December 17, 2009 Beer is not crack, you do not hurt and feel pain if you don't have it. Dude! Seriously! JF
basketclam Posted December 17, 2009 Report Posted December 17, 2009 The long and the short of it is that you either have to be at a residence or a licensed estabilishment to drink booze. If you're camping, your campsite is considered a residence. If you're on a boat that's not moving (anchored), and it has facilities, it can be considered a residence. Your run of the mill canoe isn't a residence.
cram Posted December 17, 2009 Report Posted December 17, 2009 The long and the short of it is that you either have to be at a residence or a licensed estabilishment to drink booze. If you're camping, your campsite is considered a residence. If you're on a boat that's not moving (anchored), and it has facilities, it can be considered a residence. Your run of the mill canoe isn't a residence. Which means having a beer in your canoe is illegal.....which to me is crazy
JohnF Posted December 17, 2009 Report Posted December 17, 2009 Your run of the mill canoe isn't a residence. Perhaps if he surrendered the keys to a designated driver? JF
capt bruce Posted December 17, 2009 Report Posted December 17, 2009 "Your run of the mill canoe isn't a residence." Ya when I was a kid ,me and my 12 brothers and sisters ,grandma ,mother and father and weird uncle Fred lived in a 16 footer under a bridge , had to paddle up rapaids two miles to get to school .... lmao
POLLIWOGG Posted December 17, 2009 Report Posted December 17, 2009 Cops always told us you had to be there for the night, can't down a bunch of booze and pick up anchor and go. As far as your canoe, you are sitting in the #1 killer as far as vessels on the water and the #1 reason is booze so your going to be charged with something. Get a paddle boat, nobody has died using a paddle boat yet.
cram Posted December 17, 2009 Report Posted December 17, 2009 Cops always told us you had to be there for the night, can't down a bunch of booze and pick up anchor and go. As far as your canoe, you are sitting in the #1 killer as far as vessels on the water and the #1 reason is booze so your going to be charged with something. Get a paddle boat, nobody has died using a paddle boat yet. Like i said, we'll be mandated to wear helmets to walk on the sidewalks soon.
Muskieman Posted December 17, 2009 Report Posted December 17, 2009 (edited) Well.... In 2000 I was in a paddleboat that had a built-in cooler{ full of Molson EX & Smirnoff Ice}... sunshade.. stereo and rodholders... My buddy and I paddled all over Nipissing's Cache Bay with it. By the time we made it to the mouth of the Veuve River we were going in circles...PLASTERED!!! We were using weeds as bait our shorts as facilities and looked like Lobsters.. And out of nowhere the OPP!! They told us that they were 20 yards away all along for the past 10 minutes laughing at us. We had the lifejackets and the whole shebang ... we even kept the empties and were good boys and didn't pollute the lake. Charges were: Public Intoxication 65$ If I remember correctly.. We were not put under arrest our Booze was not confiscated and we were allowed to leave VIA paddleboat so long as we didn't drive when we got to shore. But on the other hand............. After camping on an Island on Gull Lake hwy 805 60 miles from nowhere.... My buddy came ashore sober after spending a night on an Island with his wife. The alcohol he had brought with him for the week was In the bow of the boat a half full 60oz of rye. The OPP made him pour it over the firepit and proceeded to charge him with open alcohol...110.00$ 60 miles in the bush...It was 7:00 in the morning ...go figure.. I guess you never know. RFS Edited December 19, 2009 by Randy from Sturgeon
aplumma Posted December 17, 2009 Report Posted December 17, 2009 Here in the States you need a boat with a head /kitchen and berth. The Boat is anchored also. I have had many people on board and I ask them to use a coolie cover and not to flaunt that it is a beer. I as the captain do not drink alcohol while on the water period because even one beer in fact even one USA beer is enough to slow your judgment in a critical time sensitive decision. Yes even if it is a canoe you can cause a situation to become more severe than it would be before even one USA beer. Art
splashhopper Posted December 17, 2009 Report Posted December 17, 2009 One day we'll all have to wear safety helmets to walk down the sidewalk. and what's wrong with that ? When I was drinking like a fiend.... a helmet would have come in real handy
basketclam Posted December 18, 2009 Report Posted December 18, 2009 One day we'll all have to wear safety helmets to walk down the sidewalk. and what's wrong with that ? When I was drinking like a fiend.... a helmet would have come in real handy I'll second that. I'm sure more than a few of us are guilty of needing helmets once or twice in our lives.
Dara Posted December 18, 2009 Report Posted December 18, 2009 Rented cottages and such qualify as residences by law. It is where you are living. Why would a rented ice cabin be different?And Dara...really? Laws have never been aimed at those who are responsible. Unfortunately too few of us are. Again, you live where you can go on a lake and not see a boat all day, but where most people live the lakes are as busy as a highway and you'd better have your wits about you or trouble is soon to follow. Rick, I'm not saying get sloshed and test the law. I'm saying you are renting basically a cabin on the lake for the night and you are allowed to have a beer or 2. Getting drunk and going around the lake is drunk out of residence, and not what I am recomending. Even up here if we leave our camp site and go fishing we will be charged if caught. The long and the short of it is that you either have to be at a residence or a licensed estabilishment to drink booze. If you're camping, your campsite is considered a residence. If you're on a boat that's not moving (anchored), and it has facilities, it can be considered a residence. Your run of the mill canoe isn't a residence. As said above, you can't just anchor and drink, residence means living there and that means at least for the night. If you are packed up the next day and leaving it is no longer a residence. And if you have a 14' boat and a tent on shore a shovel is your facilities. Which means having a beer in your canoe is illegal.....which to me is crazy But it is the law. it is drinking out of residence and if you pre drink and are drunk when you go out then its drunk in public. Pick your times to drink. Alcohol isn't a requirement for fun. And generally a cop will consider the circumstances and act acordingly. I have pulled plenty of crap in my day and not been busted for anything yet.
Cookslav Posted December 18, 2009 Author Report Posted December 18, 2009 Truth be told... A beer in the canoe/paddle boat won't harm a soul(unless of course you get fined $110 for a drink in a non residence) A dozen in the wrong situation might though. Caution, moderation, and common sence is the key. My query was pretty specific, and I recieved an answer I'm comfy with. A beer in at anchor in a non motorized watercraft is not legal, allthough its not going to cost me my licence either Cheers,
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