Re: Conservation Officers: What is their authority to conduct searches?
Originally Posted by
bcsteve
Yes they can, no they don’t need the RCMP.
Search without warrant
93
A conservation officer or constable may, without a warrant,
(a)
search a person whom he or she believes on reasonable grounds has in his or her possession any wildlife or fish killed, taken or possessed in violation of this Act or the regulations, or about to be illegally exported,
(b)
stop and search a motor vehicle, private or chartered aircraft, boat or other conveyance, in or on which he or she believes on reasonable grounds that wildlife or fish is being carried by a person, and
(c)
enter and search a shop, public market, storehouse, garage, restaurant, hotel, eating house or camp, in or on which he or she believes on reasonable grounds that wildlife or fish is located.
Seizure
94 (1)
A conservation officer or constable may seize wildlife or fish or parts of either wildlife or fish, anything referred to in paragraph (b) and anything found in, on or about a place, building or premises, or in the possession of a person, that might afford evidence of the commission of an offence under this Act, if the conservation officer or constable
(a)
finds in the possession of a person, or in, on or about a place or thing referred to in section 93, wildlife or fish that the conservation officer or constable believes on reasonable grounds was killed, taken or possessed in violation of this Act, or is about to be illegally exported, or
(b)
finds firearms, ammunition, decoys, traps, fishing rods or other devices or materials, implements or appliances for hunting or trapping wildlife or for catching fish, that the conservation officer or constable believes on reasonable grounds were held, kept or used for or in connection with a violation of this Act.
(2)
A conservation officer may seize wildlife or fish, or parts of either wildlife or fish, in a person's possession if the conservation officer believes on reasonable grounds that the right of property in that wildlife is with the government or remains in the government.
(3)
Sections 23 to 24.2 of the Offence Act do not apply in respect of wildlife or fish, or parts of either wildlife or fish, seized under this Act.
Officers empowered to stop vehicles
95 (1)
An officer may, for the purposes of this Act, stop a motor vehicle, private or chartered aircraft or boat or other vehicle to determine whether or not the occupants of the vehicle have been hunting, trapping or angling, and to obtain information about wildlife or game fish possessed by them.
(2)
A person commits an offence under subsection (1) if the person
(a)
fails to stop,
(b)
fails to identify himself or herself when requested to do so by the officer,
(c)
refuses to give information respecting hunting or fishing, or
(d)
being the driver or operator of a motor vehicle, in or on which there is wildlife or game fish or an article or device that may be used for hunting, trapping or fishing, fails, refuses or neglects to stop his or her motor vehicle when signalled or requested to stop by an officer who is in his or her uniform of office or displays his or her official badge.
Well I never knew that, thanks for the clarification!
I like drinking beer and whiskey, shooting guns, jetboating, love a nice rack and a tight line, I am simply a sophisticated redneck...