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Cobourg Harbour fishing legal... or so I was told!


Ron

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Taken from the Northumberland news....

 

OFF THE HOOK: Ticket destroyed, municipal clerk confirms

 

FISHING TICKET 'should not have been issued'

 

by Pete Fisher

northumberland today

 

Cobourg - An avid local fisherman hopes the Town of Cobourg can get it right after the latest fiasco in regards to fishing in the Cobourg Harbour.

 

Ron Reyns was fishing along the east wall in Cobourg Harbour on Thursday morning when three bylaw officers approached him.

 

Last year Reyns received two tickets for fishing in the harbour. One of the charges dealt with hunting, trapping or pursuing any animal, fish, bird, waterfowl, worms or other wildlife.

 

The first charge was dismissed in court because errors were made when the ticket was filled out. And the second ticket charge was dismissed in November 2011 on the recommendation of the Town of Cobourg.

 

Municipal clerk/manager of legislative services Lorraine Brace stated in an e-mail on Thursday, “The ticket was dropped based on the issues raised concerning the former Parks by-law which has since been repealed and updated with restrictions and references to fishing in Cobourg Parks removed in order to address the concerns of the fishing community and Federation of Anglers and Hunters during the review of the Parks Master Plan.”

 

On Thursday morning, the three bylaw officers were obviously uncomfortable with the issue of fishing along the east wall in Cobourg harbour.

 

Reyns received a ticket from one of the bylaw officers stating iit is illegal to “cast, throw, strike or propel objects to endanger, cause injury to person or damage to property in (a) park.”

 

“It’s harassment, plain and simple,” Reyns

 

When Northumberland Today contacted the Town of Cobourg, Brace sent a return e-mail stating the ticket had already been destroyed by the town and an apology had been sent to Reyns.

 

“I spoke to the by-law Officer to confirm your information and following an explanation, the Officer was informed that a ticket should not have been issued with an apology for the inconvenience.”

 

The bylaw states no one shall fish along the centre pier, fuel docks, marina slips or the pedestrian walkway along the north wall.

 

As of 4p.m., Reyns said he had not been contacted by anyone from the Town of Cobourg and was “very surprised” when he was read the e-mail sent to Northumberland Today indicating the ticket had been destroyed. “I have not received any notification from the Town of Cobourg.” He said.

 

Previously Reyns stated anglers have “every right” to fish along the harbour wall and called the tickets “harassment”.

 

 

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Good on ya Ron.

I can just imagine the exchange when Lorraine Brace saw the ticket: "You wrote a ticket to Reynes?!!!" Ohhhhhhh tish (read almost backwards)

"You - desk job, dont you read the paper?

You - email apology - but let me see it first"

good.gif

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The only apology I have received is:

 

As discussed in person and by email today regarding the ticket issued to you in error regarding fishing in the Cobourg Harbour area this morning (July 5,2012) I would ask that you accept my sincerest apology on behalf of the Town of Cobourg for this mistake and for your inconvenience. Be rest assured that this matter has been addressed and that there will not be a repeat of this situation regarding fishing in areas other than those outlined and regulated within the Town of Cobourg's By-law No. 79-91 sent to your attention earlier this morning. Thank you for coming into the Town Office to discuss this issue this afternoon. As noted, the Draft Parks Master Plan will be presented for to Council and for public input on the municipal website before the end of the summer season. Comments received by the fishing community including the Federation of Anglers and Hunters and other community groups will be incorporated with accompanying recommendations. The Town of Cobourg look forward to continuing our positive working relationship as we strive to collectively achieve a good balance between public safety and the provision of a positive experience and enjoyment for the sport fishing community.

 

Gee... some apology... What about the other people who have been told they can not fish in the harbour up to this point of embarrassment for the town. Did you know that they repealed the existing by-law by removing the original offence I was charged with? With out that by-law sub section, now the anglers can not be in a park before 7AM or after 11PM as you are not allowed to be in a town park during those hours. Say good bye to fishing Cobourg Creek. Don't matter what park you are in Cobourg, you can't legally be in the park before 7AM.

 

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Sucks when they completely ignore the fact that they continue to interfere with Ron's lawful fishing activities.

 

Fish and Wildlife Conservation Act, 1997

 

S.O. 1997, CHAPTER 41

 

 

Obstruction of hunting, trapping or fishing

 

13. (1) A person shall not interfere with lawful hunting, trapping or fishing by,

 

(a) tampering with traps, nets, bait, firearms or any other thing used for hunting, trapping or fishing;

 

B placing himself or herself in a position, for the purpose of interfering, that hinders or prevents hunting, trapping or fishing; or

 

© engaging in an activity, for the purpose of interfering, that disturbs or is likely to disturb wildlife or fish.

 

 

Of course what is the defintion of Institutional harassment?

 

Wikipedia:Harassment Quote "A key feature is that the harassing agent's actions are persistent and unwanted, misleading, or the agent demands are unreasonable, such as losing submitted documents by the subject, asking for unreasonable amounts of paperwork, making the subject carry out bureaucratic activities for no cause."

 

 

Seems to me that the MNR would be responsible for enforcing the Fish and Wildlife Act on this issue. The town has apologized but this is the third ticket on the same issue. The Cobourg Harbour is a provincial waterway and harassment in this case is the by-law officers repeated mis-application of the by-law. Maybe the town should educate their officers on proper application of the by-laws to ensure their due dilligence on this issue.

Of course Ron has the option of a civil suit on this issue which has caused him lost time from work, public embarassment and unneeded bureaucratic activities for no cause as a direct result of the actions of the town and their representatives.

 

Just an uneducated guess of course... :whistling:

Edited by Michael Brown
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Is there a lawyer on board here that might like to take this up pro bono and make sure these clowns stop harrassing honest people?

 

Maybe the sight of a civil suit would shake things up and get even more attention put apon Municipal Goverments trying to enforce there own laws over provincial and federal ones.

 

 

 

Just a thought.

 

 

D

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