Ice fishermen can face manslaughter charge for drilling holes in a frozen lake

[FishFishing]

https://fishncanada.com/news/ice-fishermen-can-face-manslaughter-charge-for-drilling-holes-in-a-frozen-lake/?fbclid=IwAR3ePIRmsokvfaAGo7RrdmYFrZ3yEZ6Ljj49mooX-YCBvi5U-Y2cA9NXfrQ

 

What do ya think about this?

[Terry]

Sure when we use to cut holes with chainsaws we would mark the holes with trees if we moved the hut

 

[Fisherman]

It's been in the books for a long time, same as leaving an open "hole" where people can fall in in construction sites.

[Woodsman]

Story is almost 2 years old???

[Big Cliff]

It's just plain nuts, everything is always someone else's fault these days, how about being responsible for watching where you are going. If you are out there walking around on the ice you have to accept the fact that there are hazards involved.

[Ronzo]

If you've taken your 10" auger out and drilled the crap out of the ice surface, left it unmarked, and someone falls in, you probably should be on the hook.

 

[AKRISONER]

Like any article, take it with a grain of salt. I do agree though that if you chainsaw out a site fishing hole in a commonly traveled area and dont mark it...you are 1 a total idiot with complete disregard for other people 2. I can see how in court you could definitely be held legally accountable. Its not much different than stringing out fence wire at neck level on a commonly snowmobiled area. Someone gets decapitated you as the guy who strung that wire could be held accountable. 

[lew]

16 minutes ago, AKRISONER said:

 Its not much different than stringing out fence wire at neck level on a commonly snowmobiled area. Someone gets decapitated you as the guy who strung that wire could be held accountable. 

One of the stupidest statements I've ever read on this board.

[AKRISONER]

6 minutes ago, lew said:

One of the stupidest statements I've ever read on this board.

I know of a first hand account of this happening in muskoka. My best friend was at a cottage with his girlfriends family and her uncle literally got decapitated. Not sure why it’s a stupid statement. 

[lew]

10 minutes ago, AKRISONER said:

Not sure why it’s a stupid statement. 

It's stupid statement because your comparing intentional murder with someone forgetting to mark a hole in the ice.

[irishfield]

Dock bubblers and impellors will come up next! Not much safe ice anymore in the Muskokas, although it looks like the MNR might start going after owners for "disturbing fish habitat". 

[Musky Plug]

On 11/26/2019 at 3:32 PM, Fisherman said:

It's been in the books for a long time, same as leaving an open "hole" where people can fall in in construction sites.

I agree, however what are you do when you're out on the ice with nothing to mark open holes with? 

[Fisherman]

I don't suspect you will be admonished for leave 8-10 inch holes open unmarked.  I believe the intent was more for those leaving gaping holes open a whole body could fall into.  A cedar or pine bough would probably suffice if you plan on making large holes, easy enough to bring along.  

[misfish]

12 minutes ago, irishfield said:

Dock bubblers and impellors will come up next! Not much safe ice anymore in the Muskokas, although it looks like the MNR might start going after owners for "disturbing fish habitat". 

Yet we all know why they do it. To protect their over priced pretty docks and boat houses from ice freeze up and causing damage. The few trips  have made to Lake Joe, I have seen them an have also seen anglers get as close to the open water from the bubblers to catch fish, as the bubblers add more oxygen, which attracks bait, fish and angler. So whom is responsible if the angler goes in ? Angler for his stupidity IMO.

 

 

[Ronzo]

4 minutes ago, Musky Plug said:

I agree, however what are you do when you're out on the ice with nothing to mark open holes with? 

Don't drill a dangerous number of holes of a dangerous size. To me, this argument is like saying "What am I to do with my garbage other than throw it on the ice? I didn't bring a bag to put it in". You should be properly prepared for whatever you're planning on doing on the ice.

[misfish]

3 minutes ago, Fisherman said:

I don't suspect you will be admonished for leave 8-10 inch holes open unmarked.  I believe the intent was more for those leaving gaping holes open a whole body could fall into.  A cedar or pine bough would probably suffice if you plan on making large holes, easy enough to bring along.  

I don't get the ones that feel the need to cut mickey mouse holes with 8-10" augers. I use only a single 6" hole and manage quite well. Right Terry ? 🤣

[Musky Plug]

10 minutes ago, Fisherman said:

I don't suspect you will be admonished for leave 8-10 inch holes open unmarked.  I believe the intent was more for those leaving gaping holes open a whole body could fall into.  

Maybe the thought was that they would freeze up and close before something like that would happen? 

 

9 minutes ago, Ronzo said:

Don't drill a dangerous number of holes of a dangerous size. To me, this argument is like saying "What am I to do with my garbage other than throw it on the ice? I didn't bring a bag to put it in". You should be properly prepared for whatever you're planning on doing on the ice.

Yes i agree not to make the ice unsafe for others, and being prepared however I don't think that was the intention. I disagree with the garbage statement, you could stuff it in your pocket or tackle bag. People who do that are ignorant and lazy.

[Ronzo]

25 minutes ago, misfish said:

I don't get the ones that feel the need to cut mickey mouse holes with 8-10" augers. I use only a single 6" hole and manage quite well. Right Terry ? 🤣

You and me both. If I move, I'm filling the hole with ice and leaving it marked. I'm not big on drilling holes in perching grounds large enough for a kid to fall through. That said, I am also the kind of person to set up the hut, tell my kid(s) to stay by the hut, then go walk the area to make sure we're not fishing where someone with an auger larger than their common sense has been fishing.

[Terry]

The headline is manslaughter 

A10 inch  hole  will not get you charge with manslaughter 

it’s the big holes left when you remove a permanent shack.  As in a hole big enough to fall in and drown 

[misfish]

17 minutes ago, Terry said:

The headline is manslaughter 

A10 inch  hole  will not get you charge with manslaughter 

it’s the big holes left when you remove a permanent shack.  As in a hole big enough to fall in and drown 

OH, OK

Many left after March 15th . Many thinking NO ONE will be out after that.  They need to rethink that.

[Terry]

Are you saying you can drown in a ten inch hole

[Fisherman]

43 minutes ago, Terry said:

Are you saying you can drown in a ten inch hole

He's going in head first and get stuck, lol.🥳

[irishfield]

1 hour ago, misfish said:

I don't get the ones that feel the need to cut mickey mouse holes with 8-10" augers. I use only a single 6" hole and manage quite well. Right Terry ? 🤣

Like the figure 8 x 10" I saved your Brother from stepping into out of Lloyd's van one day on Kemp.... What is the point of this nonsense?

[Fisherman]

A quick check of CC 263(1) has the possibility of lesser charges depending on the severity of hurt inflicted.  However these are not open and closed cases, there are things to prove, #1 probably being, who made the hole, was their intent to harm anyone, and the unscrupulous  lawyers will take lots of your money to haggle and you will lose time at work and pay.

On a side note, just watched on news how insurance coverage for snowplow contractors has gone through the roof, one guy went from $16K to $60K for coverage because of one claim of slip and fall.  Wonder how much the shysters made off that case.

[Sinker]

I can't remember the last time I saw the hole enforcement officers out there.....oh ya....there aren't any. 

 

Don't be stupid, watch where your going, and you should survive.

 

S.