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Thread: Criminal Offence to Leave Opening in Ice

  1. #1
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    Nov 2020
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    Criminal Offence to Leave Opening in Ice

    Duty to safeguard opening in ice (The Criminal Code of Canada)

    Section 263 (1)
    Everyone who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.

    Every one who fails to perform a duty imposed by
    subsection (1) ... is guilty of

    (a) manslaughter, if the death of any person results
    therefrom;
    (b) an offence under section 269, if bodily harm to any
    person results therefrom; or
    (c) an offence punishable on summary conviction

    Section 269
    Every one who unlawfully causes bodily harm to
    any person is guilty of

    (a) an indictable offence and liable to imprisonment
    for a term not exceeding ten years; or
    (b) an offence punishable on summary conviction.

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  3. #2
    Join Date
    Feb 2009
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    8,127

    Re: Criminal Offence to Leave Opening in Ice

    Thanks for the post.
    Glad I haven’t ice fished since kid.
    Got better stuff to do then watch water freeze.

  4. #3
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    Re: Criminal Offence to Leave Opening in Ice

    I'll remember that, next time I pee on the ice.
    1. Human over population
    2. Government burden and overreach

  5. #4
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    Re: Criminal Offence to Leave Opening in Ice

    we used to just leave a little branch marking it

  6. #5
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    Re: Criminal Offence to Leave Opening in Ice

    Tough to fall into a 10" auger hole...but I guess someone could trip and injure themself. Is there also a law about holes in sand at a beach? Lots of guilty kids out there if there is

  7. #6
    Join Date
    Sep 2011
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    Re: Criminal Offence to Leave Opening in Ice

    Quote Originally Posted by tinhorse View Post
    Tough to fall into a 10" auger hole...but I guess someone could trip and injure themself. Is there also a law about holes in sand at a beach? Lots of guilty kids out there if there is
    The problem is there is no law against stupidity. This law is there to protect that group.

  8. #7
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    Re: Criminal Offence to Leave Opening in Ice

    That's why I use a 6"
    "It's not the kill, but the thrill of the chase" - Deep Purple

    "Lord knows I'm a Voodoo chile" - SRV (RIP 8-27-90)

    "Know your Land, Know your Prey" - Mantracker

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  9. #8
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    Re: Criminal Offence to Leave Opening in Ice

    Quote Originally Posted by tinhorse View Post
    Tough to fall into a 10" auger hole...but I guess someone could trip and injure themself. Is there also a law about holes in sand at a beach? Lots of guilty kids out there if there is
    That's what she said!
    Hunting the promised land

  10. #9
    Join Date
    Feb 2009
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    8,127

    Re: Criminal Offence to Leave Opening in Ice

    Quote Originally Posted by tinhorse View Post
    Tough to fall into a 10" auger hole...but I guess someone could trip and injure themself. Is there also a law about holes in sand at a beach? Lots of guilty kids out there if there is
    It could be that the surrounding ice is weak.
    A 10” hole could end up as a 5’ hole.

    ?????? just thinking out loud?

  11. #10
    Join Date
    Sep 2019
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    Region 6
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    Re: Criminal Offence to Leave Opening in Ice

    I could be wrong of course, but I believe this originally came into being due to people cutting blocks of ice to store in their ice houses for the warmer months. It isn't that long ago when it was still common. In more recent times it was still being done in remote communities with a lack of consistent or reliable electrical power. You also still see people who are netting fish in the winter cut big holes with chainsaws to run the nets under the ice. One could easily fall through those holes, never to be seen again.

    It isn't just about augering holes for fishing.
    Everyone is entitled to voicing an opinion, as long as it is a learned one.

    The power of accurate observation is frequently called cynicism by those who are bereft of that gift.

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