Fish and Game Spot Check

[G.mech]

Not to be repetitive or let laws get in the way of rants but the law says that to stop a vehicle they must signal you, not post a sign. It's a fine line between rights, freedoms and enforcement but I'd drive by that roadside check too :

 

Stop signals

(3) For the purpose of subsection (2), signals to stop include,

(a.) intermittent flashes of red light, in the case of a vehicle;

(b.)intermittent flashes of blue light, in the case of a boat; and

(c.) a hand signal to stop, in the case of a vehicle or boat. 1997, c. 41, s. 89 (3).

[jjcanoe]

All the bugs on my windshield are slightly obscuring the sign, there were 3 others before that as well as flashing lights, if peoples vision is that poor and they are not paying attention to the road, they should not be driving

[jjcanoe]

Here is the law as taken from the fish and wildlife conservation act which EVERY LICENSE HOLDER agrees to abide by as a condition of having the privilege to purchase a fishing or hunting LICENSE in Ontario

 

10. Enforcement

 

'Conservation officers' ('COs') may be appointed for purposes of enforcing the FWCA [FWCA 87(1)]. RCMP and provincial police are conservation officers by virtue of those offices [FWCA 87(2)]. COs have typical regulatory enforcement authorities, including those of entry and inspection [FWCA 90(1)], warrant and warrantless searches [FWCA 91.1] and arrest [FWCA 93].

 

The FWCA also has a broad offence provision to allow for prosecution of violations [FWCA 97(1)].

 

Inspection of conveyance

89 (1) A conservation officer may stop a conveyance if he or she has reasonable grounds to believe that stopping the conveyance would assist in determining whether there is compliance with this Act or the regulations. 2009, c. 33, Sched. 22, s. 2 (22).

 

Operator to stop

(2) On the conservation officers signal to stop, the operator of the conveyance shall immediately stop and produce for inspection any wildlife, invertebrate, fish, document or other thing requested by the officer for the purpose of this Act. 1997, c. 41, s. 89 (2); 2009, c. 33, Sched. 22, s. 2 (23).

Edited May 26, 2017 by jjcanoe

[AKRISONER]

Here is the law as taken from the fish and wildlife conservation act which EVERY LICENSE HOLDER agrees to abide by as a condition of having the privilege to purchase a fishing or hunting LICENSE in Ontario

 

10. Enforcement

 

'Conservation officers' ('COs') may be appointed for purposes of enforcing the FWCA [FWCA 87(1)]. RCMP and provincial police are conservation officers by virtue of those offices [FWCA 87(2)]. COs have typical regulatory enforcement authorities, including those of entry and inspection [FWCA 90(1)], warrant and warrantless searches [FWCA 91.1] and arrest [FWCA 93].

 

The FWCA also has a broad offence provision to allow for prosecution of violations [FWCA 97(1)].

 

Inspection of conveyance

89 (1) A conservation officer may stop a conveyance if he or she has reasonable grounds to believe that stopping the conveyance would assist in determining whether there is compliance with this Act or the regulations. 2009, c. 33, Sched. 22, s. 2 (22).

 

Operator to stop

(2) On the conservation officers signal to stop, the operator of the conveyance shall immediately stop and produce for inspection any wildlife, invertebrate, fish, document or other thing requested by the officer for the purpose of this Act. 1997, c. 41, s. 89 (2); 2009, c. 33, Sched. 22, s. 2 (23).

 

thank you for posting this...if you dont want to be searched, you need to not have a fishing license...and as such, you shouldn't be fishing.

 

end of story.

[Sinker]

So having a fishing license is probable cause now?

[dave524]

So having a fishing license is probable cause now?

 

Actually if they suspect a violation it doesn't matter if you have a licence or not.

[AKRISONER]

So having a fishing license is probable cause now?

 

yes, it can easily be translated as such. Now you know.

Edited May 26, 2017 by AKRISONER

[Henricus]

With all the complaining about not enough CO's/enforcement it is truly amazing how much additional whining occurs when CO's are in fact trying to do their job.

 

It's not about rights, it's about semantics. Challenge the semantics and you are going to walk away disgruntled. With nothing to hide, take the high road and perhaps offer tips on how you think they might nab more poachers.

 

Did you ask them if they have ever nabbed a poacher who didn't have gear, a battery or a prop installed on their boat? Who knows, maybe the guy busted somebody who did exactly that a week before. I suspect guilty parties have tried all sorts of stuff law abiding citizens could never imagine. During your next stop why don't you ask what the strangest thing they have seen is and it might help you understand.

 

If you get your back up, you're now in a pissing contest and nobody wins (or cares) and you ultimately end up wasting your time.

[lew]

With all the complaining about not enough CO's/enforcement it is truly amazing how much additional whining occurs when CO's are in fact trying to do their job.

 

Best reply in this entire very weird thread.

 

Guys around here complain when not enough poachers are nabbed then complain when the CO's are trying to catch the poachers.

 

Sorta like the guys that complain when the roads aren't cleared of snow fast enough then complain even more when they get held up behind a snow plow.

[firebird]

They are not doing their job sitting in their truck with a sign out!!

 

Just like going to any other job and sitting at your desk (but not doing anything just sitting there) or standing watching another guy dig the hole etc. Thats not working and if your boss seen you I imagine you'd get told "get to work".

 

You should have rolled your window down and on the way buy and shouted "get to work" cause your money is paying their wage so YOUR THE BOSS!!!!

 

lmoa

[manitoubass2]

 

Best reply in this entire very weird thread.

 

Guys around here complain when not enough poachers are nabbed then complain when the CO's are trying to catch the poachers.

 

Sorta like the guys that complain when the roads aren't cleared of snow fast enough then complain even more when they get held up behind a snow plow.

It's not about COs catching poachers(we all want that). It's how they set up the stop.

 

People were not CLEAR if they HAD to pull over or not

 

That means it was clearly set up poorly.

 

Just have AN OFFICER DIRECTING TRAFFIC so people know what the heck is going on.

[Headhunter]

Is the stop actually set up to stop and catch poachers or is it in reality set up as a revenue generator? I guess it depends on who you ask!

HH

[Dara]

Is the stop actually set up to stop and catch poachers or is it in reality set up as a revenue generator? I guess it depends on who you ask!

HH

 

Lots of chincy charges and every once in a while they catch somebody with a crap load of fish

Like I said, Its funny when you read the reports the day after they set up at the border

 

The sign says game check station...if they wave you in you go in, if they don't you keep going..if they are suspicious they chase after you but I don't believe you did anything wrong by keeping going if they didn't wave you in

[moxie]

Good for you, so far you are one of the few that understands the whole argument of defending your Charter rights. If you are going to stand on your charter right to what you believe is unreasonable search, then you may be inconvenienced and it will probably take some time. I can respect a guy for being willing to walk the mile, even if disagree with his reasoning. If you are going to knuckle on your belief in your rights and your personal principles and consent to search the minute you realize you might be inconvenienced and it might take extra time, do you really have principles?

 

I think so. It has to start somewhere. In most European countries the civilians have no quams in letting government know how they feel and although they sometimes go too far to make a point , their voices are heard and not brushed off as ours are here. And you all must know the authorities do think of us as softies here, right?

[Rizzo]

I do not view "authorities" as us vs them. I view authorities as my cousin, my neighbour and the guy that I fish with who just happen to have a job keeping an eye on things. Regular people (for the most part). I admit I also have run into the odd "power-tripper" but I was polite, let him do his thing and had no issues. Why? Because I had nothing to hide and after they do their diligence they would know that (rather than just taking my word for it).

[OhioFisherman]

Many years ago a guy my dad worked with and called a friend got caught with 27 northern pike between him and his fishing partner, their limit was 12. It was in the Pointe Au Baril area, just another caught poacher to me.

[KLINKER]

Don't ever play poker, there was no warrant coming, they played you. You were illegally detained

[Sinker]

 

Actually if they suspect a violation it doesn't matter if you have a licence or not.

What happened to innocent until proven guilty? LOL

 

I know what you're saying, and I don't have any problem getting checked, I just don't agree with a search. Check all my licenses, I will show my catch, no questions asked, but when they ask me to search my vessel or vehicle, I'm sorry, but its not happening unless they can show me reasonable grounds. I have never been asked to be searched, because I am always in compliance and I respect what they are doing for our resources. A little respect goes a long ways. I have only had one encounter that wasn't pleasant.

 

S.

[dave524]

What happened to innocent until proven guilty? LOL

 

I know what you're saying, and I don't have any problem getting checked, I just don't agree with a search. Check all my licenses, I will show my catch, no questions asked, but when they ask me to search my vessel or vehicle, I'm sorry, but its not happening unless they can show me reasonable grounds. I have never been asked to be searched, because I am always in compliance and I respect what they are doing for our resources. A little respect goes a long ways. I have only had one encounter that wasn't pleasant.

 

S.

 

Whether you agree with a search or not , I believe they only need a warrant to search a dwelling, vehicles are fair game, not sure if it is still that way but the powers to search were more comprehensive for fish and game offences than the criminal code. Never forget going duck hunting with a friend who was a CO, going down a back road about 5 am and he says quick pullover, it was garbage day and don't he run back with a flashlight and check the garbage of a suspected poacher for evidence for a warrant , I guess. Glad he didn't find anything or maybe the hunt would have been off for the morning

[gaspumper]

Just like beating a dead horse over and over and over again

[KLINKER]

By posting a sign you've probably come in voluntarily therefore you are not illegally detained..

 

In the one case they admitted they need a warrant to search the boat but what is the cause, the guy is towing a boat? There was no warrant coming.

 

I you don't use your rights you'll loose them, next thing you know they'll be pulling over everybody with a boat for no good reason.

[AKRISONER]

By posting a sign you've probably come in voluntarily therefore you are not illegally detained..

 

In the one case they admitted they need a warrant to search the boat but what is the cause, the guy is towing a boat? There was no warrant coming.

 

I you don't use your rights you'll loose them, next thing you know they'll be pulling over everybody with a boat for no good reason.

 

 

this is exactly what they do...and good for them for doing it?

 

thats how you catch poachers

[Freshtrax]

Was one at long point today leaving causeway. No issues, cooler check livewell check I was on my way no interest in other hatches or in my truck. Glad they are out hope they nailed a bunch of poachers and I bet they did

[dave524]

Was one at long point today leaving causeway. No issues, cooler check livewell check I was on my way no interest in other hatches or in my truck. Glad they are out hope they nailed a bunch of poachers and I bet they did

 

Years ago, the RCMP?GRC used to do a migratory game bird check during waterfowl season, right in front of the CWS buildings on the causeway. Usually the MNR only does their check opening bass weekend , but don't depend on that

[fishermccann]

I want to be checked every time on the water and on the road home, I want everyone to be checked on the water and on the way the way home. Why ? Because that's how you catch the bad guys. I want them to catch the bad guys. Even if it is a little inconvenient for me.