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bigwhiteys
06-13-2009, 08:33 AM
Trespassers Beware:

Over the years there have been a few members on here who have brought up Willy and I's gated deer hunting patch in the peace.

For those of you who don't know, about 5 years ago Willy and I kicked a couple of hunters off this piece of private land... They then saw fit to try and press charges against Willy for kicking them out as they were convinced they were on a crown road allowance.

The charge was "obstructing lawful hunting" which Willy rightly contested.

The case finally went before the courts yesterday and when the facts were presented all of the charges were dropped and the CO and the Trespasser were forced to eat some crow by the judge.

They WERE in fact trespassing and we DID have the right to kick them off!

This is bad news for all the loosers that continually trespass on this piece of land because now if you're caught charges are going to be pressed in full.

Trespassing during deer season in the peace is out of control and it's good to see a small victory for one of the landowners who's property is continually abused by some of these dweebs, driving through crops, destroying gates, shooting up equipment, shooting game and leaving it.

Had L.B. possesed some ethics he might have ASKED the farmer for permission so he could have a key to the gate and then hunt there as well...

Carl

Caveman
06-13-2009, 08:46 AM
Sad it has to come to that, but good on you guys sticking to your guns so to speak!

Bow Walker
06-13-2009, 08:50 AM
People are (generally) so stupid. You're right, why not just walk up, knock on the door, and ask?

I take it that the land was posted as well as fenced?

bigwhiteys
06-13-2009, 08:55 AM
I take it that the land was posted as well as fenced?

Posted in several places, fenced, even locked the gates. We had to replace the signs every year because people were tearing them down. Now they have been replaced with big steel signs, lag bolted into trees/fence posts.

Guys were shooting the locks off the gate, or else accessing from a neighboring property. Running trespassers out was a daily event...

Carl

Kody94
06-13-2009, 09:00 AM
Good for you and Willy. My Pa had a buffalo ranch in the Peace and had constant problems with trespassing. Its true that a relatively small number of azzholes ruin it for the rest...and having some charges stick once it a while will actually help the good guys.

Bighorn hunter
06-13-2009, 09:09 AM
good on you guys.

questions though, are the gates on a road allowance, and if they are did the judge say it was illegal to be on them? Just asking kuz I am fighting with a neighbour about this.(its my land)

elkdom
06-13-2009, 09:09 AM
This took FIVE years to be finalized/dealt with in Provincial Court??

sounds like a monumental waste of time and money, both on the part of the MOE, and the Crown Counsel,,,

too bad the Crown Counsel and the MOE/CO's are not so dedicated to matters of some real importance,

I shudder to think what amount of Taxpayers money and what time and resources was wasted by the CO's,

bigwhiteys
06-13-2009, 09:13 AM
questions though, are the gates on a road allowance, and if they are did the judge saye it was illegal to be on them? Just asking kuz I am fighting with a neighbour about this.

No they are not... This is what was being contested.

Carl

Fisher-Dude
06-13-2009, 09:15 AM
Let's keep the perspective here: Willy was the one who was charged in this incident, not the people called "trespassers" in this recantment.

The fact that Willy wasn't successfully prosecuted under Section 80 of the Wildlife Act means nothing for setting any type of "precedent" for your claim of trespass under the Trespass Act for statutory trespass, or the Criminal Code of Canada for criminal trespass. So, "Bad News for loosers [sic]" is wishful thinking on Carl's part.

It's debatable whether or not Willy would be considered an "authorized person" under the Trespass Act to enforce trespass conditions on the land, and therefore secure an enforceable charge against the so-called "trespassers". It's also most likely the reason why there appears to be no charge of trespass against the other people. ;-)

I do agree that trespassing is a serious situation that those who violate the Act should be charged. And, I believe that anyone who contravenes S 80 of the Wildlife Act should also be charged. :cool:

Bighorn hunter
06-13-2009, 09:16 AM
No they are not... This is what was being contested.

Carl


preaty cut and dry then.Too bad it had to go to court and waste willys time

Bighorn hunter
06-13-2009, 09:18 AM
Let's keep the perspective here: Willy was the one who was charged in this incident, not the people called "trespassers" in this recantment.

The fact that Willy wasn't successfully prosecuted under Section 80 of the Wildlife Act means nothing for setting any type of "precedent" for your claim of trespass under the Trespass Act for statutory trespass, or the Criminal Code of Canada for criminal trespass. So, "Bad News for loosers [sic]" is wishful thinking on Carl's part.

It's debatable whether or not Willy would be considered an "authorized person" under the Trespass Act to enforce trespass conditions on the land, and therefore secure an enforceable charge against the so-called "trespassers". It's also most likely the reason why there appears to be no charge of trespass against the other people. ;-)

I do agree that trespassing is a serious situation that those who violate the Act should be charged. And, I believe that anyone who contravenes S 80 of the Wildlife Act should also be charged. :cool:

Hmm... two sides to every story I guess

pitbell
06-13-2009, 09:22 AM
sounds like a monumental waste of time and money, both on the part of the MOE, and the Crown Counsel,,,

I agree.


You sure showed them:roll:

Fisher-Dude
06-13-2009, 09:22 AM
Posted in several places, fenced, even locked the gates. We had to replace the signs every year because people were tearing them down. Now they have been replaced with big steel signs, lag bolted into trees/fence posts.

Guys were shooting the locks off the gate, or else accessing from a neighboring property. Running trespassers out was a daily event...

Carl

Oh my.

Tree spiking prohibited

55 On private land that is subject to an agreement under the Forest Act or on Crown land, a person must not
(a) drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter,
(b) possess any nail, spike or other potentially hazardous object with the intention of driving or placing it into any timber that the person does not own or is not authorized to alter, or
(c) solicit funds or materials from another person with the stated intention that the funds or material will be used to enable any person to drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter.

bigwhiteys
06-13-2009, 09:25 AM
Let's keep the perspective here: Willy was the one who was charged in this incident, not the people called "trespassers" in this recantment.

Yeah, LB pressed charges because he was pissed that he got kicked off and decided to make it personal... The CO didn't even issue the citation until nearly 2 years later and with only the information from the accuser to go by.... Co and Trespasser are buddies.


The fact that Willy wasn't successfully prosecuted under Section 80 of the Wildlife Act means nothing for setting any type of "precedent" for your claim of trespass under the Trespass Act for statutory trespass, or the Criminal Code of Canada for criminal trespass. So, "Bad News for loosers [sic]" is wishful thinking on Carl's part.


That land is clearly posted, fenced and gated. I wouldn't want to be caught hunting it without permission.

Carl

elkdom
06-13-2009, 09:32 AM
Oh my.

Tree spiking prohibited

55 On private land that is subject to an agreement under the Forest Act or on Crown land, a person must not
(a) drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter,
(b) possess any nail, spike or other potentially hazardous object with the intention of driving or placing it into any timber that the person does not own or is not authorized to alter, or
(c) solicit funds or materials from another person with the stated intention that the funds or material will be used to enable any person to drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter.


my,my,my :eek:
sounds like we got "spikers" :lol: self proclaimed at that! lmao ;-)

houndogger
06-13-2009, 11:24 AM
Trespassers Beware:

Over the years there have been a few members on here who have brought up Willy and I's gated deer hunting patch in the peace.

For those of you who don't know, about 5 years ago Willy and I kicked a couple of hunters off this piece of private land... They then saw fit to try and press charges against Willy for kicking them out as they were convinced they were on a crown road allowance.

The charge was "obstructing lawful hunting" which Willy rightly contested.

The case finally went before the courts yesterday and when the facts were presented all of the charges were dropped and the CO and the Trespasser were forced to eat some crow by the judge.

They WERE in fact trespassing and we DID have the right to kick them off!

This is bad news for all the loosers that continually trespass on this piece of land because now if you're caught charges are going to be pressed in full.

Trespassing during deer season in the peace is out of control and it's good to see a small victory for one of the landowners who's property is continually abused by some of these dweebs, driving through crops, destroying gates, shooting up equipment, shooting game and leaving it.

Had L.B. possesed some ethics he might have ASKED the farmer for permission so he could have a key to the gate and then hunt there as well...

Carl

Come on Carl let it all out;)

Gateholio
06-13-2009, 11:46 AM
Is there any such "crown road allowance" on the property?

abbyfireguy
06-13-2009, 12:04 PM
Its not tree spiking if he does own the land and hence owns the trees.
He did say it was private property,one would think he owns the trees.
I own the trees on my land and do what I want with them.He also should have asked for costs from the CO,,that would have been good for a few stern looks:mrgreen:..
Trespassing is trespassing, a road access is not for hunting puposes,its to transit through the property.
This is a monumental pain in the butt for large land owners in the hinterland. No-one seems to respect the term private property anymore:roll:.
Bring back the noose and the lynch mobs!!! LOL

bigwhiteys
06-13-2009, 12:17 PM
Is there any such "crown road allowance" on the property

There is no such allowance on the portion of the property in question.

Carl

Fisher-Dude
06-13-2009, 12:25 PM
He also should have asked for costs from the CO,,that would have been good for a few stern looks:mrgreen:..


Sorry Perry Mason, but COs cannot be held liable for costs. The CO was pressing a charge that he felt was justified by the circumstances. Why you choose to shit on the CO based on the story of a well-known resident hunter hater is beyond me.

Willy has for years fought with resident hunters by plowing up roads, locking gates, and generally being a dick to them. Someone got tired of his bullshit and pressed charges against him. For Crown to pick it up and proceed with it, there must have been a damned good chance of prosecution, as they don't bother with weak cases and poor evidence.

Gateholio
06-13-2009, 12:40 PM
There is no such allowance on the portion of the property in question.

Carl

So why the hell did this whole thing ever get started? Didnt' the CO have access to maps that told him there are no crown allowances? Seems liek a waste of time and money.

elkdom
06-13-2009, 01:38 PM
there are 1000's of klms of whats known as "unmaintained public road allowances" in the Peace River District, these road allowances are surveyed and owned by the Crown and and are PUBLIC road allowances, but sadly there are hundreds of "dik-wads" that erect a gate or have adjacent deeded property and these dik-wads claim title to the public unmaintained road allowance , making it impossible to access crown land and even some deeded private land belonging to LAW abiding citizens , and in many cases it ends up in the Courts, and sometimes it ends up with someone in the hospital or worse! because the Crown owned un-maintained roads are of little interest to the Ministry of Highways, there is no-one to take issue with the fact there are many illegal gates and in many instances farming of Provincially owned unused public lands!

the best weapon is map direct from the ministry land surveys and titles office, if there are survey "pins" on the map depicting a surveyed road, then it is PUBLIC until returned to the original land owner by way of land title transfer, and that is noted in the land titles office, ben-der, don-dat!
and one more thing, any farm land being designated as less than 160 acres on the title, then there IS a PUBLIC road allowance on at least one side of that property, as road allowances are taken from the original surveyed land sections!

Devilbear
06-13-2009, 01:44 PM
So, if I am hiking along one of these and am approached by an irate and abusive individual, then, it seems I have the option/right to use whatever "force" is necessary to defend myself....and I SURE WOULD!!!

willy442
06-13-2009, 05:24 PM
Sorry Perry Mason, but COs cannot be held liable for costs. The CO was pressing a charge that he felt was justified by the circumstances. Why you choose to shit on the CO based on the story of a well-known resident hunter hater is beyond me.

Willy has for years fought with resident hunters by plowing up roads, locking gates, and generally being a dick to them. Someone got tired of his bullshit and pressed charges against him. For Crown to pick it up and proceed with it, there must have been a damned good chance of prosecution, as they don't bother with weak cases and poor evidence.

Fisher Dude: Lets clear up a couple of things here.
1. You have diareha of the mouth without any of the facts of the case.

The facts are; I was charged with obstructing lawful hunting for kicking an ex RCMP officer off of my hunting lease. He broke through a locked gate on a dead end farmers driveway to tresspass on lush green alfalfa fields. He like you and many others thought because it was surveyed as crown road allowance the locked gates etc,. were illeagal. The actual facts are if the allowance is not maintained by the crown. They want no juristiction over it. Part of why the case was dismissed. If the crown had such a good case, I'm sure we could have wasted more time and money.

2. This whole case was a big waste of C/O time and money all on account of a couple of buddies that thought they would show Willy.

I invite you by your posts to be the next one. I do have some extra time and money.

3. Willy by no means hates resident hunters.

Resident dicks that think they should be classed as hunters however. I have no use for. Don't be making statements like you have it looks alot like the pot calling the kettle black.

willy442
06-13-2009, 05:27 PM
there are 1000's of klms of whats known as "unmaintained public road allowances" in the Peace River District, these road allowances are surveyed and owned by the Crown and and are PUBLIC road allowances, but sadly there are hundreds of "dik-wads" that erect a gate or have adjacent deeded property and these dik-wads claim title to the public unmaintained road allowance , making it impossible to access crown land and even some deeded private land belonging to LAW abiding citizens , and in many cases it ends up in the Courts, and sometimes it ends up with someone in the hospital or worse! because the Crown owned un-maintained roads are of little interest to the Ministry of Highways, there is no-one to take issue with the fact there are many illegal gates and in many instances farming of Provincially owned unused public lands!

the best weapon is map direct from the ministry land surveys and titles office, if there are survey "pins" on the map depicting a surveyed road, then it is PUBLIC until returned to the original land owner by way of land title transfer, and that is noted in the land titles office, ben-der, don-dat!
and one more thing, any farm land being designated as less than 160 acres on the title, then there IS a PUBLIC road allowance on at least one side of that property, as road allowances are taken from the original surveyed land sections!

Much of the farm land in the Peace was cleared and being farmed prior to the survey of road allowance's. Most that have gates up are very willing to open them if asked in a friendly manner, has been my experiance.

willy442
06-13-2009, 05:29 PM
So, if I am hiking along one of these and am approached by an irate and abusive individual, then, it seems I have the option/right to use whatever "force" is necessary to defend myself....and I SURE WOULD!!!

Just make sure you are only hunting on the 30 meter allowance and not on either side of it on the private land. Then you should be able to fire away and defend yourself Kut's

elkdom
06-13-2009, 07:18 PM
Just make sure you are only hunting on the 30 meter allowance and not on either side of it on the private land. Then you should be able to fire away and defend yourself Kut's

its actually 66 feet, those rural road allowances:lol:

Sitkaspruce
06-13-2009, 08:35 PM
Must sure suck to have to PAY to hunt a piece of land. I am sure glad I do not live or hunt up there. Way too many BS rules, BS hunters and BS land owners, along with a ton of game. You can have that little piece of heaven.....

And it is too bad that all the wasted $$$ to make a decision on whether a piece of R/W is public or private. I hope this is put out there for others to see and pick up that little bit of unknown law.

SS

338rum
06-13-2009, 08:52 PM
willy442- tell me you're not charging people to hunt on your land

Fisher-Dude
06-13-2009, 09:28 PM
Must sure suck to have to PAY to hunt a piece of land. I am sure glad I do not live or hunt up there. Way too many BS rules, BS hunters and BS land owners, along with a ton of game. You can have that little piece of heaven.....

And it is too bad that all the wasted $$$ to make a decision on whether a piece of R/W is public or private. I hope this is put out there for others to see and pick up that little bit of unknown law.

SS

People have to be really shitty hunters to have to PAY someone in order to get their game. Glad we don't have to PAY, we're good enough hunters to shoot our game on Crown land with everyone else. Of course, in Willy's mind, we're just "resident hunter dicks". :p

Kody94
06-13-2009, 09:38 PM
Oh my.

Tree spiking prohibited

55 On private land that is subject to an agreement under the Forest Act or on Crown land, a person must not
(a) drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter,
(b) possess any nail, spike or other potentially hazardous object with the intention of driving or placing it into any timber that the person does not own or is not authorized to alter, or
(c) solicit funds or materials from another person with the stated intention that the funds or material will be used to enable any person to drive or place any nail, spike or other potentially hazardous object into any timber that the person does not own or is not authorized to alter.

To be fair, for private land to apply it has to be subject to the Forest Act, which pretty much means it is included in a TFL or woodlot. Not sure if that applies here?

Anyhoo...this whole thing has me a little confused. Sounds like Willy is leasing the land for hunting and is not the actual owner? And it is a rural road allowance, but not maintained by the crown, so is not legally treated as a public right-of-way in this case? Weird.

Road allowances are intended to provide access through or beyond private parcels...was the individual that was "given the boot" just passing through to get to crown land, or was he hunting the property in question?

338rum
06-13-2009, 09:50 PM
Thats like paying someone to shoot your own cow because it happened to wander onto their property, rather self-righteous-no?

Wolfman
06-13-2009, 09:53 PM
Well, I wouldn't want folks trespassing on my land either.

About seven years back I rented a quarter from a buddy up near Dawson. Buddy owns a half section up near Progress. During the one Fall there he told me he had some troubles with A-Holes trespassing on his land, disturbing his horses.

I asked him if it was hunters doing that and he told me straight: "Real hunters don't deliberately trespass on another man's land."

Fair enough I figure.


Wolfman

Gateholio
06-13-2009, 10:06 PM
FD please tone it down...

Only get one request on HBC these days...

willy442
06-14-2009, 12:29 AM
willy442- tell me you're not charging people to hunt on your land

I have never charged anyone to hunt Deer, Elk or Moose on any land, outside of our old guide area. The land is there for my friends to hunt in, and hopefully avoid the zoo that hits the north every season.

willy442
06-14-2009, 12:34 AM
People have to be really shitty hunters to have to PAY someone in order to get their game. Glad we don't have to PAY, we're good enough hunters to shoot our game on Crown land with everyone else. Of course, in Willy's mind, we're just "resident hunter dicks". :p

I'm sure most hunters are glad to be classified in the "WE" catagory with you! Also for your information I have never shot an animal on any of this land. Like I said it is there for my friends.

willy442
06-14-2009, 12:57 AM
To be fair, for private land to apply it has to be subject to the Forest Act, which pretty much means it is included in a TFL or woodlot. Not sure if that applies here?

Anyhoo...this whole thing has me a little confused. Sounds like Willy is leasing the land for hunting and is not the actual owner? And it is a rural road allowance, but not maintained by the crown, so is not legally treated as a public right-of-way in this case? Weird.

Road allowances are intended to provide access through or beyond private parcels...was the individual that was "given the boot" just passing through to get to crown land, or was he hunting the property in question?

The truth of the matter is. The land belongs to a long time family friend, who grew tired of the tresspassing and destruction of his property. He no longer lives on the land and now likes to keep selective ethical hunters on it in an organized fashion. In other words 1 party of hunters at a time. Not shooting at equipment, driving through fields, packing in frost, destructing his alfalfa. He has found this to work better for him as the land is patrolled and he has omitted the damages he used to have by the wanna be's that wreck shit for others.
The land has future road allowance on it that was cleared and farmed long before it was classified as road allowance. The fellow had no where to go but onto private land. His tire tracks were going right out into the field from prior visits over the few days before we caught him. Evey morning at daylight there would be around 15 to 20 moose, 40 or 50 Deer, both White Tail and Mulies along with countless Elk in the field he was trying to access. Hunter heaven I guess. It made even an ex mountie into a tresspasser.

willy442
06-14-2009, 01:01 AM
Well, I wouldn't want folks trespassing on my land either.

About seven years back I rented a quarter from a buddy up near Dawson. Buddy owns a half section up near Progress. During the one Fall there he told me he had some troubles with A-Holes trespassing on his land, disturbing his horses.

I asked him if it was hunters doing that and he told me straight: "Real hunters don't deliberately trespass on another man's land."

Fair enough I figure.


Wolfman

I agree real hunters find thier own land to hunt. Its amazing what a knock on the door can do in many of these cases.

hunter1947
06-14-2009, 05:12 AM
It goes to show all that if your not sure of what is private or crown then don't hunt that area unless you know you are good to go.

Good on your friend that he won this case and the trespassers lost.

338rum
06-14-2009, 08:35 AM
willy442-i recind my previous comments and apologize, i was being led to beleive it was a pay as you go deal, and that just leaves a bad taste in my mouth. If all af your comments are true, then i think your heart is in the right place. We all know that there are far too many people with guns in their hands that take the shoot first-ask later approach to hunting private land, possibly because they are too intoxicated to carry a conversation:mad: let alone a gun. Like you've said all hunters need to do is ask.

Bighorn hunter
06-14-2009, 08:52 AM
Getting a bad taste here from some. I bought a 1/4 section in the peace about ten years ago. I now hunt on it. I do not give permission to the masses come deer season. It is my little piece of heaven. Does this make me any less of a hunter than those who hunt crown land because I have to pay another 1400 a year in taxes just so I can keep it and hunt on it?

Bow Walker
06-14-2009, 09:00 AM
Bighorn - I think it's every man's dream to be able to do what you've done - I know it's mine. Having your own wilderness area to hunt, fish, hike, camp, enjoy, etc, etc.... is my idea of heaven as you stated.

bigwhiteys
06-14-2009, 09:10 AM
willy442-i recind my previous comments and apologize, i was being led to beleive it was a pay as you go deal, and that just leaves a bad taste in my mouth.

Yeah, not a pay as you go deal. I could have easily acquired permission on the mentioned property for "free" but instead I traded some computer work for the farmer and his business, and I also always made sure to give him some meat from anything I shot on his land... Cost me some time and a butcher bill that's all... But he appreciated it, and he got something out of it... Not just a gut pile in one of his fields and as a result I've been invited back and hunted there several times.

These big landowners like anybody else want to feel appreciated and respected and in turn they usually treat you in kind. You want them to feel good about letting you hunt on their land... Not the opposite.

Carl

troutseeker
06-14-2009, 09:16 AM
Good on you Willy! Glad the trespasser and his CO buddy got reprimanded by the judge, maybe they'll think twice about being dumbasses neat time.

Troutseeker

arcadia
06-14-2009, 03:16 PM
Good for you. It's your property do whatever you want with it. I like hunting but I do not like people breaking into my apple orchard to hunt. Houses, kids, farm workers etc. People and property could get hurt.

It's trespassers that give hunters a bad name. Some these guys are scary with their guns and motorbikes. Not easy to kick em off.

Gun Dog
06-14-2009, 03:58 PM
Out of curiosity is there a file number for this case? The provincial judgment database (http://www.provincialcourt.bc.ca/judgmentdatabase/index.html) is on-line these days and it might be an interesting read.

willy442
06-14-2009, 04:27 PM
Out of curiosity is there a file number for this case? The provincial judgment database (http://www.provincialcourt.bc.ca/judgmentdatabase/index.html) is on-line these days and it might be an interesting read.

I don,t know it was just on Friday and was thrown out of court by the Judge. My lawyer appeared for me. I was out of town, he phoned me with the news.

bighornbob
06-14-2009, 09:14 PM
Willy

Not really following things here can you clear things up for me and maybe the masses.

From what I have read the question is about the road, what about the land where the guy was?? Was he hunting on private land or crown land?? If private land, why wasn't he charged with tresspassing?

Were you charged for putting up a gate or booting the guy off the property?

If you weren't found guilty and he wasn't tresspassing whats going to keep this from happening again and again?

BHB

bc sportsman
06-14-2009, 09:45 PM
I'm not commenting directly to Willy and his case but would like to add a few cents worth.

I would always respect private land that I do not have permission to hunt.

What is the best way to determine if land or road is private for purposes of access and hunting? I suspect that there are a few landowners out there who extend their fences onto Crown land when they have grazing leases etc. And, I understand that grazing leases don't fall under the private no hunting regs. Honest and well meaning hunters don't know what to believe when they run into a fence.

Is this common or have I just had some bad luck with fencing?

willy442
06-15-2009, 04:57 PM
Willy

Not really following things here can you clear things up for me and maybe the masses.

From what I have read the question is about the road, what about the land where the guy was?? Was he hunting on private land or crown land?? If private land, why wasn't he charged with tresspassing?

Were you charged for putting up a gate or booting the guy off the property?

If you weren't found guilty and he wasn't tresspassing whats going to keep this from happening again and again?

BHB

The fellow broke through a gate that the property owner always kept locked. Carl and I had unlocked and passed through the gate about 10 minutes earlier and locked it behind us. We were to early as it was not legal hunting light so we parked on the farmers driveway and were waiting. This fellow broke through the gate and came in behind us with his lights off. When he realized someone was in front of him he floored his Dodge Dually and went down through the ditch around us at high speed. He had no where to go as there is a big steel gate at the farmers buildings that was also locked. However he could turn right on a small strip of field and drive out onto the 1/2 section of second growth Alfalfa. After daylight and I had run the guy out we became aware of tracks matching his tires all over the fields. I think he had been hunting there freely for a few days as we were not there yet and he probably thought we were tresspassing just like him. Let me add this guy is an ex RCMP and in recent years has been guiding for Mackenzie Mountain Outfitters. I never charged him because he left the property when asked. In hind site I wish we had placed charges as a couple of nights later he locked us in with a big logging chain and lock while Carl was hunting, we had to shoot the lock off.
It was 2 years after this took place that Bob Workman the C/O came to my door asking about it and then wrote the ticket. Too late then to charge him with tresspassing and I believe they both new and were relying on that when the ticket was wrote. The only thing I can see is that they were friends and tried to pull a fast one on me. They had no hope of winning the case from the start. Some one should be penalized for wasting everyones time and money. I've just wrote it off to this is the kind of assholes that are out there, the time and money is nothing to me, principle is what matters. Then to be called out by the likes of Fisher Dude really ice's the cake. Hope this clears it up for those interested.

willy442
06-15-2009, 05:10 PM
I'm not commenting directly to Willy and his case but would like to add a few cents worth.

I would always respect private land that I do not have permission to hunt.

What is the best way to determine if land or road is private for purposes of access and hunting? I suspect that there are a few landowners out there who extend their fences onto Crown land when they have grazing leases etc. And, I understand that grazing leases don't fall under the private no hunting regs. Honest and well meaning hunters don't know what to believe when they run into a fence.

Is this common or have I just had some bad luck with fencing?

In most cases it's really difficult to tell. The survey offices in Fort St John, have 2 maps out. One for the North Peace and one for the South, these maps show all private land, crown land, access rds and even gives the name of every land owner by the quarter section. I would suggest that a new hunter up here gets one of these and then start knocking on doors. Some times it takes a few repeated visits over a couple years to gain access. Sometimes they already have parties hunting and don't want any more at that time but a week down the road they are glad to accomadate you. Always ask to walk in and then if you kill something, usually all will give you access to go get it or some even start the tractor and carry it for you, letting it hang while you skin it. The point is, they own the land be nice and they will in turn be the same is my experiance.

Grazing leases are not to be hunted from June 1 to Oct 1 each year. The ranchers are supposed to have thier animals off by Oct.1. You can hunt them after that time. In most cases though they are pretty much grazed off and not typically good hunting.

When it is cold like in Deer season the critters love a little warmer feed like oats, barley, peas and good second growth Alfalfa. Good Luck

Bighorn hunter
06-15-2009, 05:16 PM
Sure would be nice to get the ex rcmp's side of the story. Although it does seem preatty cut and dry from what you have stated.I'll have to ask him next time I see him.

willy442
06-15-2009, 06:57 PM
Sure would be nice to get the ex rcmp's side of the story. Although it does seem preatty cut and dry from what you have stated.I'll have to ask him next time I see him.

Please do that. This isn't his first time.

Riverjet
06-15-2009, 07:11 PM
I lived in Chetwynd and FSJ for 4 years during the 80's. I have been hunting there ever since. I have had permission to hunt many different pieces of private property up there over the years and have never had any issues with landowners.
All it takes is common sense and respect and many landowners don't mind allowing you to access their property to hunt. I have been hunting one parcel so long the owners treat me like family.
One landowner in Chetwynd allowed my wife and I access for antlerless Elk with the use of his new JD tractor to load er up when we were done.
That was a two hour hunt.
In the next few weeks I will be heading up that way to search for new hunting areas and visit old friends.
If you play by the rules things usually work out for the good.
My Avatar is a Rose Prairie buck.

bopper
06-15-2009, 07:21 PM
Good for you, Bill and Carl! I always had thought that if I owned suitable property, I would allow people to hunt on it. I bought a quarter section near Dawson Creek, and it had 40 acres under cultivation. The first hunting season, fences were damaged, ATV's drove over the cultivated field, 4WD's got stuck in the field and cut down live trees to get themselves out, etc. etc., until I was forced to put up a gate and a "No Trespassing" sign in self-defense.
I have absolutely no use for irresponsible 'hunters'.
Bopper (aka Doug Grant).

ARC
06-15-2009, 07:32 PM
Congrats on the win.

Nothing more frustrating than having a hunt ruined by trespassers.

Deadshot
06-15-2009, 09:37 PM
On a side note. What's a quarter section worth up in that area?

willy442
06-15-2009, 09:45 PM
On a side note. What's a quarter section worth up in that area?

60 to 250 thousand depending on location and whats on it. A lot people have bought quarters over the years and found out after the fact that they must maintain weed control etc. So if looking be careful or you could wind up cleaning up some one elses mess. It's not cheap to maintain a quarter.

bowhunterbruce
06-15-2009, 10:21 PM
willy, i'd like to congradulate you on your victory,protecting your friends property, especially with what all that farmer has gone through over the years took a great deal of effort and time not to mention the possibility of getting hurt in the process.
him locking you guys in has got to be right up thier with haveing someone flatten all of your tires while your out hunting. totally disrespectful!!!
posting the property the way your guys have done it might just end up being another target for the idiots out thier that love to shoot at signs.i would like to seggest maybe even installing some game cameras in stratigic places and well out of sight and maybe start getting some plate numbers from those a-holes that continue to shoot locks and drive through fields.
goodluck and well done
bruce

bridger
06-15-2009, 11:25 PM
the subject of road allowances is mis understood by a majority of people in my experience. just because there is a surveyed road allowance on land you want to hunt doesn't necessarily mean it allows public access. to be open to the public the road allowance must be gazetted a term used by government meaning the dept of highways plans on making it a road. there are a great many pieces of land in the peace that have no legal access to them even tho a road allowance may show on the survey. you have to be extremely careful when relying on a road allowance to gain access to a parcel of land in the peace. it is also important if you buy land to check with the ministry of transportation in fort st. john or dawson creek concerning legal access to the property.

willy442
06-16-2009, 05:04 AM
On a side note. What's a quarter section worth up in that area?

I should have mentioned it earlier but Bridger will have all the info you want along with whats for sale. He owns a real estate company.