Conservation Officers: What is their authority to conduct searches?

[big-gun]

So I was out in the bush yesterday when I ran into a couple CO’s. They turned on their lights, jumped out of their truck to start talking to us. Before I knew it the second CO (that wasn’t talking to me) opened the back door of my truck and started rifling through my things. Can they do this?

[mike_b]

Had one in Kamloops do it to.me as well. He jumped right onto my pack and went straight for my rifle case. Was pretty pissed off, not with his aggressiveness, but he's lack of give-a-fks and treatment of my property. 10 minutes later, we were on our way again, but definitely left a sour taste

[IslandWanderer]

Do some CO’s actually dislike hunting and hunters?

[browningboy]

They cannot just look at your property without your permission, however if you say no and they have a suspicion then they call call RCMP in to conduct a search.

[Pemby_mess]

They're "peace officers", so they have all the authority and restrictions to that authority that any other peace officer has. Their standard is "reasonable cause". Only the officer in question will know if they actually had suspicion that you were committing a crime. You can deny them permission to search, but they don't have to listen, and they don't have to tell you what their reasons for searching you are. If they didn't have permission or a reason to be suspicious of you, and/or the contents of your vehicle, they can not use whatever they find, as evidence against you. However, as I've learned well in the past, doing anything to make their jobs more difficult, gives them lots of reasons to make your life more difficult. I probably would ask them nicely what they were looking for, and what their reasons for the search were, if only to just make a mental note of their answers or lack thereof.

[bcsteve]

They cannot just look at your property without your permission, however if you say no and they have a suspicion then they call call RCMP in to conduct a search.

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.

[ACE]

BC Wildlife Act ....

Part 1
Section 89 - 96

Have been stopped by a few creepy CO's ....

If you are stopped ..... always ask for their identification also.
You may have to ask a few times. Most carry a business card.

[Jack Russell]

Sounds like if you are driving down a gravel road, you will get searched. Or if you wear camo, you will get searched. Seems "reasonable" to me.....

[Jelvis]

That's what C.O.s do, part of the job, you have a license plate number, if a C.O. has been phoned by someone and reported a pick-up and something happened?
-- depends what it is, where it is, who it is and if a back up is required? now
-- safety for C.O.s is number 1 concern all the time
Jel -- pull over - stop - and listen - then go from there, be calm, be respectful, be polite -- your vehicle might look like the one they want?

[bcsteve]

And for those who think that CO’s have more powers than police officers in the bush; this is the definition of and Officer in the Wildlife Act:

"officer" means

(a)

a constable, a conservation officer, the director, an assistant director or a regional manager,

(a.1)

subject to subsection (3), a park ranger appointed under the Park Act, or

(b)

an employee of the government designated by name or position as an officer, by regulation of the minister;


"constable" means an officer of the Royal Canadian Mounted Police or either of the following as defined in the Police Act:

(a)

a designated constable;

(b)

a municipal constable;