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I fought the Law and ...


Ron

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Hats off to you Ron, looking forward to seeing how this one ends up.

 

 

Trying not to hi-jack...but of course your situation in Coburg reminded me of the similar 'no fishing by-law' in Oakville that Aaron mentions as well.

 

In my area, the Town of Oakville has done something similar to the old "social sanctuary" that was lifted a few years ago. As soon as the OMNR removed the sanctuary from Bronte Creek from Hwy 2 to Rebecca St., the Town of Oakville put in a new by-law to ban fishing in that stretch of Bronte Creek. As far as I am concerned, this may actually be illegal by Provincial law - The Fishing and Hunting Heritage Act? As Michael has noted, this is at the very least discrimination to one user group, as people may do anything they wish on this land but fish. It sounds like your case Ron is very similar to the Bronte Creek issue with the Town of Oakville and anglers.

Aaron

 

Here is the Oakville sign posted in the park on lower Bronte Creek.

 

nofishing.jpg

 

Aaron, (and others interested) I looked into the situation in Oakville for Bronte Creek and it is a different by-law that they use. It is different, yet the same end result as Ron's situation, no shore fishing access for anyone.

 

Oakville maybe has more money to use for their lawyers and by-law creators. They were able to legally ban FISHING from shore in the park lands from Rebecca St south to Lakeshore Rd.

 

It baffles me that they can discriminate any one single activity from park land and in this case, that activity is fishing. How can this be??!

 

The answer is found in Section 10.1 of the Fish and Wildlife Conservation Act ( F&W Conservation Act Link ) - They can specifically rule out fishing or hunting using the TRESSPASS TO PROPERTY ACT

 

Trespassing

 

10.(1) A person shall not,

(a) enter premises in contravention of the Trespass to Property Act for the purpose of hunting or fishing;

 

(b ) enter premises in contravention of the Trespass to Property Act in possession of a firearm, fishing rod or other hunting or fishing device;

 

(c ) engage in hunting or fishing in contravention of the Trespass to Property Act;

 

(d) fail to leave premises in contravention of the Trespass to Property Act, if the person was on the premises for the purpose of hunting or fishing; or

 

(e) fail to leave premises in contravention of the Trespass to Property Act, if the person was on the premises in possession of a firearm, fishing rod or other hunting or fishing device.

 

So there you have it...there are laws written in Ontario to specifically discriminate against anglers and hunters.

 

Will be keeping an eye on this thread Ron, kudos to you!

Edited by tonyb
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"enter premises in contravention of the Trespass to Property Act for the purpose of hunting or fishing;"

 

The enter premises section seems to indicate the land is not pubic but private. I would look into who owns the lands this is posted on and if it is indeed public land than it would be infringing on your rights as a citizen and angler.

 

Ron we need to go for a coffee or evening walleye fish, before your big excursion north. I will bring some paperwork for your review. :whistling:

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"enter premises in contravention of the Trespass to Property Act for the purpose of hunting or fishing;"

 

The enter premises section seems to indicate the land is not pubic but private. I would look into who owns the lands this is posted on and if it is indeed public land than it would be infringing on your rights as a citizen and angler.

 

 

City owned land...wallbash.gif

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I have a feeling the city of Oakville passed that by-law due to the amount of garbage left behind by fishermen. Doesn't make it right, but people need to pick up their crap.

If that be the case....? Considering the amount of crap floating arounf yacht clubs and marinas, Boats should be banned from tying up in public marinas. There are enough wealthy slobs who still dump their garbage over the side.

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I have a feeling the city of Oakville passed that by-law due to the amount of garbage left behind by fishermen. Doesn't make it right, but people need to pick up their crap.

 

 

...and a gas refinery spills thousands of litres of fuel over 30years into bronte and it's shores and they are allowed to carry-on, business as usual.

 

This thread definitly shows the mis-treatment of Fisherman.

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  • 1 month later...

City owned land...wallbash.gif

 

They might own the land, but they can't own the water. If it's navigable enough for a canoe then anglers should paddle up there and drop lines in defiance of their sign.

Edited by Dave Bailey
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They might own the land, but they can't own the water. If it's navigable enough for a canoe then anglers should paddle up there and drop lines in defiance of their sign.

 

They don't care if you are in a boat, they don't want you fishing from shore.

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  • 2 months later...

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