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Thread: 3 charged with poaching

  1. #31
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    Re: 3 charged with poaching

    Quote Originally Posted by westcoaster View Post
    Whadda ya mean??

    It was "their land" to begin with, right?
    Show us the deed where it was bought off them....or bartered for....you won't find one I suspect and that is why some of the bands are starting to win "land title" cases.

  2. #32
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    Re: 3 charged with poaching

    Quote Originally Posted by HappyJack View Post
    Show us the deed where it was bought off them....or bartered for....you won't find one I suspect and that is why some of the bands are starting to win "land title" cases.
    I bet the landowner has a deed, and I suspect the hunting on private land would stop if a landowner shot them, which is going to happen when someone meets up with a landowner who has nothing to live for.

  3. #33
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    Re: 3 charged with poaching

    a poacher is a poacher

  4. #34
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    Re: 3 charged with poaching

    Quote Originally Posted by 338win mag View Post
    I bet the landowner has a deed, and I suspect the hunting on private land would stop if a landowner shot them, which is going to happen when someone meets up with a landowner who has nothing to live for.
    When I was a kid our neighbor bought a nice fishing boat, he had ownership papers and really loved his boat. A year after he bought it the legal owner turned up and said it was his boat that had been stolen from him. The law came and took the boat away from him, papers or not, and returned the boat to the rightful owner. With out screwed up court system this could happen with what we consider to be private property in most of BC.

  5. #35
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    Re: 3 charged with poaching

    Quote Originally Posted by HappyJack View Post
    When I was a kid our neighbor bought a nice fishing boat, he had ownership papers and really loved his boat. A year after he bought it the legal owner turned up and said it was his boat that had been stolen from him. The law came and took the boat away from him, papers or not, and returned the boat to the rightful owner. With out screwed up court system this could happen with what we consider to be private property in most of BC.
    Obviously your neighbor didnt register the boat (as required if over 10hp) or this would have been caught during that process ,
    Back to the thieving low-life poachers .... in the "traditional" days they would have been shot ,hung or both . Would that make you "Happy " Jack ?

  6. #36
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    Re: 3 charged with poaching

    Quote Originally Posted by Dannybuoy View Post
    Obviously your neighbor didnt register the boat (as required if over 10hp) or this would have been caught during that process ,
    Back to the thieving low-life poachers .... in the "traditional" days they would have been shot ,hung or both . Would that make you "Happy " Jack ?
    Absolutely, I believe capital punishment is an excellent deterrent to crime. Especially when it applies equally to everyone, if you know what I mean.

  7. #37
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    Re: 3 charged with poaching

    Quote Originally Posted by HappyJack View Post
    When I was a kid our neighbor bought a nice fishing boat, he had ownership papers and really loved his boat. A year after he bought it the legal owner turned up and said it was his boat that had been stolen from him. The law came and took the boat away from him, papers or not, and returned the boat to the rightful owner. With out screwed up court system this could happen with what we consider to be private property in most of BC.
    If this is the case in most of bc then why is it happening in Saskatchewan too??
    Where treaties have been established more than 130 years ago.
    The province will simply pay the cash for land obtained illegally, however, I wouldn't compare a fishing boat with land that has been obtained through legal process by a hard working family.

    If you feel it was stolen then you need to know I never stole it in the first place.

    What would happen if that land was owned by another native, like me?

  8. #38
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    Re: 3 charged with poaching

    Quote Originally Posted by 338win mag View Post
    If this is the case in most of bc then why is it happening in Saskatchewan too??
    Where treaties have been established more than 130 years ago.
    The province will simply pay the cash for land obtained illegally, however, I wouldn't compare a fishing boat with land that has been obtained through legal process by a hard working family.

    If you feel it was stolen then you need to know I never stole it in the first place.

    What would happen if that land was owned by another native, like me?

    I don't make the laws up, it was just an observation. What happens when someone can prove the property belongs to them and not the people that paid for it and believe it is theirs, the courts will determine the rightful title owners. Due to our situation here in BC I find this subject of some interest as I am sure many other do.

    Sharing this for some consideration:


    Or, to put the case another way: if we do not know if Jones's title to any given property is criminally-derived, then we may assume that this property was, at least momentarily in a state of no-ownership (since we are not sure about the original title), and therefore that the proper title of ownership reverted instantaneously to Jones as its "first" (i.e., current) possessor and user. In short, where we are not sure about a title but it cannot be clearly identified as criminally derived, then the title properly and legitimately reverts to its current possessor.

    But now suppose that a title to property is clearly identifiable as criminal, does this necessarily mean that the current possessor must give it up? No, not necessarily. For that depends on two considerations: (a) whether the victim (the property owner originally aggressed against) or his heirs are clearly identifiable and can now be found; or (b) whether or not the current possessor is himself the criminal who stole the property. Suppose, for example, that Jones possesses a watch, and that we can clearly show that Jones's title is originally criminal, either because (1) his ancestor stole it, or (2) because he or his ancestor purchased it from a thief (whether wittingly or unwittingly is immaterial here). Now, if we can identify and find the victim or his heir, then it is clear that Jones's title to the watch is totally invalid, and that it must promptly revert to its true and legitimate owner. Thus, if Jones inherited or purchased the watch from a man who stole it from Smith, and if Smith or the heir to his estate can be found, then the title to the watch properly reverts immediately back to Smith or his descendants, without compensation to the existing possessor of the criminally derived "title." Thus, if a current title to property is criminal in origin, and the victim or his heir can be found, then the title should immediately revert to the latter.


    http://econlog.econlib.org/archives/...ians_righ.html


    You should read this too....they won title in court....a real game changer.

    http://www.fonv.ca/nemaiahvalley/thecourtcase/
    Last edited by HappyJack; 12-08-2017 at 06:12 PM.

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