private land???

[lightmag]

So talking about private land and hunting, i know cultivated land is private and doesn't need to be posted, and fenced land doesn't need to be posted, obviously and "posted private property" you can't hunt, but what about bush, logging slashes, etc.. that are NOT posted but are owned? i would think that land that is uncultivated, not fenced or posted can legally be hunted even if private right?

If i own a logging slash in the bush, or own a section of unlogged bush that is NOT fenced, it's my responsibility to "post it" if i don't want it hunted correct?

how else would people know? they can't honestly expect every single hunter to get maps of every single area to show private property can they? some of the responsibility must also go to the land owner if the land is unfenced, uncultivated or not posted right?

let me know if i'm out to lunch on this one.

thanks

[Gateholio]

It's your responsibility to know where you are- that is the bottom line.

However, I think it would be hard to press charges against someone hunting on private land that has no physical evidence of being private. You would have to depart immediately upon being informed of the status of the land, though.

If you are contemplating hunting land that you know is private but doens't have any signage on it, then I'd suggest you do not without permission.

[Big7]

As Gatehouse said...

[338]

It's your responsibility to know where you are- that is the bottom line.

However, I think it would be hard to press charges against someone hunting on private land that has no physical evidence of being private. You would have to depart immediately upon being informed of the status of the land, though.


Actually thats not true. To be considered trespassing you don't actually have to have knowledge that you are on private land. Example: You go hunting, as your walking on crown land you wander onto private property without knowing because of the absence of any fence or signs. You are now trespassing. Another example: You parachute from an airplane, and the wind forces you to land on private property. You are trespassing.

Sad but true.

[338]

.........i would think that land that is uncultivated, not fenced or posted can legally be hunted even if private right?





nope...if its private you need permission.

[Gateholio]

Actually thats not true. To be considered trespassing you don't actually have to have knowledge that you are on private land. Example: You go hunting, as your walking on crown land you wander onto private property without knowing because of the absence of any fence or signs. You are now trespassing. Another example: You parachute from an airplane, and the wind forces you to land on private property. You are trespassing.

Sad but tru

I didn't say you wouldn't be trespassing, I said it would be difficult to press charges.

I really don't think that a land owner would get very far by making a complaint like this " I saw a person hunting on my property- It is not posted and there is no physical evidence of being private land, and when I informed him he was trespassing he immediately departed"
:tongue:

Not going to go anywhere...:wink:

[sawmill]

Another example: You parachute from an airplane, and the wind forces you to land on private property. You are trespassing.

Sad but true.

Para-hunting!I wonder if you can shoot while still in the air?

[Fisher-Dude]

http://www.bclaws.ca/Recon/document/freeside/--%20t%20--/trespass%20act%20%20rsbc%201996%20%20c.%20462/00_96462_01.xml

http://www.bclaws.ca/Recon/document/freeside/--%20t%20--/trespass%20act%20%20rsbc%201996%20%20c.%20462/05_regulations/10_85_62.xml

[OOBuck]

http://www.bclaws.ca/Recon/document/freeside/--%20t%20--/trespass%20act%20%20rsbc%201996%20%20c.%20462/00_96462_01.xml

http://www.bclaws.ca/Recon/document/freeside/--%20t%20--/trespass%20act%20%20rsbc%201996%20%20c.%20462/05_regulations/10_85_62.xml

Beat me to it.

First off it the land owners responciblity to post the land "no trespassing", next if he finds you on his land only thing he can do is ask you for your name & ask you to leave.

[Stone Sheep Steve]

http://www.bclaws.ca/Recon/document/freeside/--%20t%20--/trespass%20act%20%20rsbc%201996%20%20c.%20462/00_96462_01.xml

http://www.bclaws.ca/Recon/document/freeside/--%20t%20--/trespass%20act%20%20rsbc%201996%20%20c.%20462/05_regulations/10_85_62.xml

Those are some good links to know and keep on file.

SSS

[lightmag]

As i thought!! and the hunting regs same the same thing! if i'm in the middle of the bush hunting thru a logging slash that is "unposted" how the $%%^ would anyone know it's private?? they cant!

Don't get me wrong, i would NEVER hunt land i knew was private even if it wasn't posted. But it IS the OWNERS responsibility to post private property if uncultivated or fenced other wise people don't know.




Beat me to it.

First off it the land owners responciblity to post the land "no trespassing", next if he finds you on his land only thing he can do is ask you for your name & ask you to leave.

[OOBuck]

But it IS the OWNERS responsibility to post private property if uncultivated or fenced other wise people don't know.

Correct! The owner has to restrict access to the property, ie: gate, earth berm, fence & also post the land as Private Property "no trespassing" at points of access.

[xtremearchery]

So talking about private land and hunting, i know cultivated land is private and doesn't need to be posted, and fenced land doesn't need to be posted, obviously and "posted private property" you can't hunt, but what about bush, logging slashes, etc.. that are NOT posted but are owned? i would think that land that is uncultivated, not fenced or posted can legally be hunted even if private right?

If i own a logging slash in the bush, or own a section of unlogged bush that is NOT fenced, it's my responsibility to "post it" if i don't want it hunted correct?

how else would people know? they can't honestly expect every single hunter to get maps of every single area to show private property can they? some of the responsibility must also go to the land owner if the land is unfenced, uncultivated or not posted right?

let me know if i'm out to lunch on this one.

thanks
I agree with you 100% No signs, fare game! It's not our responsibility as hunters to post someones land. We attempted to aquire a land plot map from the forestry office in a area we hunt and was told they're not available anymore. We also found land that was Crown and someone illegally posted it. This will always be a problem.

[338]

I didn't say you wouldn't be trespassing, I said it would be difficult to press charges.

I really don't think that a land owner would get very far by making a complaint like this " I saw a person hunting on my property- It is not posted and there is no physical evidence of being private land, and when I informed him he was trespassing he immediately departed"
:tongue:

Not going to go anywhere...:wink:

Thats my point. All the conditions you mentioned don't need to be met for someone to accuse another of trespassing. They only need to be sure that the person they accuse is the one that was trespassing........kind of goes without saying.

[jml11]

As i thought!! and the hunting regs same the same thing! if i'm in the middle of the bush hunting thru a logging slash that is "unposted" how the $%%^ would anyone know it's private?? they cant!

Don't get me wrong, i would NEVER hunt land i knew was private even if it wasn't posted. But it IS the OWNERS responsibility to post private property if uncultivated or fenced other wise people don't know.

As per the acts private land needs to "enclosed" or "cultivated" before you are trespassing. Any unposted, unfenced land that is private can be accessed until you are notified that it is private and told to leave

As posted in the regs:


1. Trespass Act - The provincial Trespass
Act sets out strict limits on any public
access to enclosed private land. Private
property is considered enclosed if any
one of the following conditions are met:

● there are clearly visible signs prohibiting
trespassing posted at each ordinary
access point; or

● the property is surrounded by a lawful
fence; or

● the property is surrounded by a natural
boundary such as a river bank or a 4
1/2 foot hedge.

and:


Wildlife Act (Section 39) - A person is
not permitted to hunt on cultivated land
or on Crown land which is subject to a
grazing lease while the land is occupied
by livestock, without the consent of the
owner, lessee or occupant of the land.

[jml11]

Example: You go hunting, as your walking on crown land you wander onto private property without knowing because of the absence of any fence or signs. You are now trespassing.


Not according to the Trespass Act....

This is only true if the main access point is posted as private or has a fence/gate.

[KevinB]

good links, thanks FD.

[Lance Barkman]

It's really hard to post alot of land, especially when "bad hunters" rip down all your signs. It is the hunters duty to know where he is hunting and getting crown land maps if he or she is unsure. Besides hunting takes time and energy, and you don't want your trophy taken away from you by making a mistake and trespassing. In my good conscience I would want to know all my hard work and achievments are being put to an ethical use.

[BCrams]

The post is primarily regarding the Peace Region private / crown land areas.

My recommendation is to purchase the property crown / private property maps from McElhanneys in Fort St John and it will show plenty of land which is 'bush' or otherwise logged or fielded etc as private or crown.

The onus is on the hunter to find this out and regarding the Peace Country, these maps are the way to go.

[BCrams]

Not according to the Trespass Act....

This is only true if the main access point is posted as private or has a fence/gate.

For example. The gate may have a sign posting or fence. Yet hunters coming through the breaks through back door onto cultivated areas are also trespassing. Usually the said persons know exactly what they're doing but will pretend they didn't know.

[lightmag]

For example. The gate may have a sign posting or fence. Yet hunters coming through the breaks through back door onto cultivated areas are also trespassing. Usually the said persons know exactly what they're doing but will pretend they didn't know.



thats' different, he walked onto cultivated land, that doesn't need to be posted and the hunter should know this as it's in the hunting reg's.

But a hunter comes up the breaks into a new logging block, nice area, if it's NOT posted and you don't have prior knowledge of it being private, you are doing NOTHING wrong by hunting it until either you are told it's private, come across a fence, border or sign!

Get this straight, i'm NOT looking to pretend i don't know a spot is private and play dumb and hunt it, I do everything i can to know where/what i'm hunting but there will be many times the info is either not available or you happen upon a new area unexpectedly.

This is not just for the peace area, it's for everywhere as people seem to live and own land everywhere now, just getting knowledge as to educate and protect myself.

Thanks for all the posts everyone.

[sawmill]

It`s pretty simple.No gate,no signs,no fence,no cultivation(ie-hayfield).Hunt on.There are a few places here where land owners have posted one big sign saying No Hunting Beyond this Point but their land is 5 miles down the road.Kiss my bum.You can`t post crown land.Some of the huggers here nail signs to trees on Crown land .That`s real green,bet the trees hate it.

[MikeH]

However, I think it would be hard to press charges against someone hunting on private land that has no physical evidence of being private. You would have to depart immediately upon being informed of the status of the land, though.
It has to be marked just look it up in the regs lightmag.

[338]

As per the acts private land needs to "enclosed" or "cultivated" before you are trespassing. Any unposted, unfenced land that is private can be accessed until you are notified that it is private and told to leave

As posted in the regs:


1.

Trespass Act

- The provincial Trespass

Act


sets out strict limits on any public

access to enclosed private land. Private
property is considered enclosed if any
one of the following conditions are met:
●


there are clearly visible signs prohibiting

trespassing posted at each ordinary
access point; or
●


the property is surrounded by a lawful

fence; or
●


the property is surrounded by a natural

boundary such as a river bank or a 4
1/2 foot hedge.

and:


Wildlife Act


(Section 39) - A person is

not permitted to hunt on cultivated land
or on Crown land which is subject to a
grazing lease while the land is occupied
by livestock, without the consent of the
owner, lessee or occupant of the land.




This does not say that property has to be enclosed or cultivated before it is considered trespassing. It only explains what the law considers to be enclosed.

[rocksteady]

No Hunting Beyond this Point but their land is 5 miles down the road.Kiss my bum.You can`t post crown land..

I have noticed a change in your posts since you are no longer working....Your true wit and humour is coming out...Definitely get a chuckle just about every time you post:mrgreen::mrgreen:

[Fisher-Dude]

Some of the huggers here nail signs to trees on Crown land .That`s real green,bet the trees hate it.

It's also illegal. It falls under tree spiking legislation.

[wolverine]

I didn't say you wouldn't be trespassing, I said it would be difficult to press charges.

I really don't think that a land owner would get very far by making a complaint like this " I saw a person hunting on my property- It is not posted and there is no physical evidence of being private land, and when I informed him he was trespassing he immediately departed"
:tongue:

Not going to go anywhere...:wink:

Agreed. I think in the abscence of obvious indicators that it was private land (cultivation/fences/posting) that you would be hard pressed to find a Crown Counsel that would be willing to proceed with it especially if it was just a matter of crossing or hunting on the land in question. Now if you entered on to the land and started digging a foundation for a house or falling trees or whatever I'm sure that they would have no problem prosecuting that. It goes to the quality and nature of the offence. If memory serves correctly, it is one of the reverse onus offences. In other words, they don't have to prove that you knew it was private, you have to prove that you didn't. After all, it's up to you to know where you are.
I don't buy the trespass by parachute stuff. In law that's called reasonable excuse not unlike an aircraft making an emergency landing.

[PeaceHunter]

I don't really get this thread, a couple of years ago in the Peace when they had doe deer open in September within 1km and then later 2km of private land, every hunter out there knew where every single parcel of private land was as it increased their hunting opportunity. Now that this is no longer the case everyone suddenly forgot where all the private land they were hunting near was.

Bootom line is that the info is out there, you just have to look for it, and there is no excuse for being ignorant, end of story!

[338]

Agreed. I think in the abscence of obvious indicators that it was private land (cultivation/fences/posting) that you would be hard pressed to find a Crown Counsel that would be willing to proceed with it especially if it was just a matter of crossing or hunting on the land in question. Now if you entered on to the land and started digging a foundation for a house or falling trees or whatever I'm sure that they would have no problem prosecuting that. It goes to the quality and nature of the offence. If memory serves correctly, it is one of the reverse onus offences. In other words, they don't have to prove that you knew it was private, you have to prove that you didn't. After all, it's up to you to know where you are.
I don't buy the trespass by parachute stuff. In law that's called reasonable excuse not unlike an aircraft making an emergency landing.

Where are you getting this info from? Trespassing is trespassing whether you walk up to someone front door that has a no trespassing sign , or wander onto unmarked private land unknowingly.

Whether you buy the trespass by parachute example or not is irrelevant because what matters is that it is an example used in one of my law classes to explain the laws on trespass. The point of the example is that even if you end up on private property out of your own control, its still trespassing.

This is one crutch that hunters will always have......not properly informing themselves of these sorts of things. We tend to piece together what we have heard or experienced over the years into what we think are the right policies, regulats, laws, etc........ oh but don't get me wrong I am the first to be guilty of this as well.

[Chuck]

Correct! The owner has to restrict access to the property, ie: gate, earth berm, fence & also post the land as Private Property "no trespassing" at points of access.

I believe that this is correct. The fact that the land is posted "Private Property" does not prohibit trespassing. It simply informs others that it is privately owned. Something else is needed such as a the words "No Trespassing" or "No Hunting" or "Keep Out".
Fences are merely boundaries to delineate or possibly keep stock within and cannot be assumed to be a barrier to trespassers without the proper signage strategically located.

[yamadirt 426]

Does anyone know first hand someone charged and convicted with trespassing while hunting ? Not a buddys buddy did back in 83 but something recent and documented.

[BABBY]

I find this post most interesting. I am both a hunter and a land owner in region 5. I have 160 acres that borders logging slashes, a creek, and a lake. Needless to say, the property attracts the attention of many hunters.

In the first year that I owned it, I clearly posted all access points (and then some!) with "No Trespassing / No Hunting" signs. I wasn't trying to be a di*k, it's just that I had kids and dogs running around and I really didn't want any bullets flying. Most respected the signs but some decided that I was wrong and ripped them down. I replaced the signs only to have them ripped down again. Very frustrating! One person, and only one, actually asked permission to hunt. After explaining my concerns, he was granted permission when we weren't there. Pretty simple!

All I'm saying is that land owners are not always out to screw hunters. It just gets pretty frustrating to have to constantly deal with the lack of respect. I see things from both sides and it's actually very difficult for me to have to confront someone who is obviously trespassing. You get the standard " I didn't think the sign meant here!" or something just as lame.

Stating this on HBC is kinda like preaching to the choir as I'm sure that 99% of you do everything in your power to remain legal. I just thought you might want to hear the other side. I've sure had my eyes opened to the crap that goes on out there. It's too bad because it ends up screwing things up for all of us in the long run.

Brian

[BCrams]

Bootom line is that the info is out there, you just have to look for it, and there is no excuse for being ignorant, end of story!


This information and research into the Peace is easily obtained:


1- McElhanney's in Fort St John and ask for the crown / private property maps with land owner names.

Fort St. John Office

8808 72nd St
Fort St. John BC
V1J 6M2


Tel.(250) 787-0356
Fax.(250) 787-0310


2- Last I heard, Corlane Sports store in Dawson Creek sells the private / crown land maps to hunters.


There's really no excuse in this regarding "wondering about private or crown" when you're in possession of these maps.....in particular with the Peace region.

[sparky300winmag]

Are these McElhanney's maps also available for the east kootenays for crown/private lands??

[Jelvis]

1. Hey they have to post a, No Trespassing sign every 100 feet or it won't stand in court.
2. Some people think it says, " No Treespacing " lol
3. Show me the money
jel -- every one hundred feet, guy in the loop$ got off because of that.

[Kody94]

Are these McElhanney's maps also available for the east kootenays for crown/private lands??

Nope.

They were originally paid for by Oil & Gas companies....not enough interest in the Kootenays.

[Fisher-Dude]

1. Hey they have to post a, No Trespassing sign every 100 feet or it won't stand in court.
2. Some people think it says, " No Treespacing " lol
3. Show me the money
jel -- every one hundred feet, guy in the loop$ got off because of that.

Old wives' tale.

[6616]

Are these McElhanney's maps also available for the east kootenays for crown/private lands??

RDEK has some maps, go to: http://www.rdek.bc.ca/Maps/Mapsmain.htm
click on maps - RDEK community maps - click on the sheet you want.

Be patient, it's a slow site.

[Lee]

I am an ethical hunter and I'm sure everyone here is too. I don't knowingly look for ways to break laws or excuse any actions that would benefit from breaking the law. I own a damn good GPS with a great mapping tool for when I go out. I go out to areas that are as remote as I feel they need to be for the purpose I need that area to fulfill.

What it boils down to is common sense regardless of the legalized version that tells you the same. Crossing a fence? Good idea or Bad idea? Pretty simple but not always that simple. It is our privilege to hunt, it is our right to know where/what we are hunting, so sayeth the powers that be.

All of us know this. Regardless though, know your bullet path and what lays beyond that, use your head and if in doubt, do like the Back Country Horseman claim and "Leave No Trace".


PS. Nothing is more frustrating than seeing game in a field posted with "No Hunting without permission", going up and asking permission only to be told "That basically means NO HUNTING". In my mind that was an ignorant answer for a politely asked and (suggestive of their signage) reasonable question. I left. Angered some, but I left.

PPS. Glad I did too as the next FSR I hit garnered me my WT Doe. C'est la vie.

PPPS. Didn't stop me from hunting the forested area well behind their property with my bow......and Karma bit me hard as 200 feet from where I was going to treestand, a WT Buck jumped out 100 feet from me and booked.....doh, sloppy.

[barry1974w]

As previously mentioned being a hunter and a land owner it gets very frustrating trying to keep your land posted for hunting with permission only, just to have your signs ripped down several times a year. We put a large metal gate across the access road to keep people from driving on the hay field, and there is now an ATV trail (actual trail, not tracks) around the gate, and people are still ripping up the field. On the rare occasion when you catch somebody there, the usual answer is " well I didn't know". When you point out that they rode around a bright yellow gate with a no hunting or trespassing without owners permission sign, you mostly get a stupid look and a mumbled "but there's a trail" answer. It's really starting to piss me off, and we're not allowed to set spike belts or any other sort of traps.

[Bigbuckadams]

I have had the displeasure of dealing with this subject for a lot of years now as well. Private land is a pain in the a$$, people ripping down signs, smashing gates, holes in the fence, etc. etc. etc. When they are caught, same excuses as the previous posts. Maybe I missed it, but I haven't seen anyone mention # 15 in the "It's Unlawful " section of the reg's. It's unlawful...."to kill wildlife while in the process of committing offences against any statute including, but not limited to, the Wildlife Act. Examples would be wildlife taken while tresspassing on private property"...etc. You should know where you are hunting at all times, it is YOUR responsibility, same thing as knowing what Region or M.U. you are in. Admittedly, there are some "grey" area's, unfenced private land adjoining Crown may be a tough sell. However, if you hop a fence, shame on you if you don't know whats on the other side.

[Ambush]

To the Landowners:
You can legaly demand the tresspasser's name.

Take the name and find the perps address on "411".

Go to his house, park on his lawn, toss out a little garbage, if possible, deposite some animal offal and then run over his shrubery on the way out.
Plead stupid when he confronts you. Then say " hey I know you!"

It can also be frustrating for a person who has permission to hunt a piece of private property. You've taken the time to gain the trust of the landowner and then you run into some nitwit opportunist who just "wandered" onto the fenced property.

There's alot of " No Hunting" signs for a reason.
Do you let people you don't know use your backyard whenever they feel like it.

If I had a piece of land that I had improved for hunting, I would post it and defend it aggresively against greedy idiots that didn't have the manners to ask.

I might have more friends to.:tongue:

[Ed.R.Lee]

In the first year that I owned it, I clearly posted all access points (and then some!) with "No Trespassing / No Hunting" signs. I wasn't trying to be a di*k, it's just that I had kids and dogs running around and I really didn't want any bullets flying. Most respected the signs but some decided that I was wrong and ripped them down. I replaced the signs only to have them ripped down again. Very frustrating! One person, and only one, actually asked permission to hunt. After explaining my concerns, he was granted permission when we weren't there. Pretty simple!

Brian

I was offered a plot of land (listed as private hunting land) earlier this year but after hearing the story of another land owner (largely similar to yours with minor differences), I decided against even paying for the land.

This was what happened to that land owner. He paid for the land primarily for private hunting because he got feddup with ridiculous hunters on public land. He kept the land unfenced even though he spent some big money getting a company to set up signs surrounding the entire compound. He couldn't set up fences, otherwise, how can the animals come through? What made it worse, was a public road running through the land which many hunters used to get to trails leading into the forest. These trails were made by a tree-falling company many years ago but the company has since moved out of the area.

People still hunt on that land because all they could remember was the period that the company left it unattended. Not the new land owner's terms. It came to a point where he legally owns the land but he can't exercise his land ownership in a logical way. What's he supposed to do? Employ 1,000 security guards and surround the entire perimeter?

The plot of land I was offered is somewhere around Chilliwack. I requested for some maps with specific way-points and it revealed there are public access roads leading to lakes. As far as I understand from some lawyers, even legitimate land owners can't seal off the road. The land owner must still provide road access to the lakes. Meaning; you may own the land surrounding the lake but you do not necessary own the lake as well. If I were to take the deal, it is likely I will get strangers (and surely some unethical hunters) lancing in and out of my so-called private land.

For a matter of fact, now I come out even more confused about land ownership in Canada. I own land but I can't secure it?

[6616]

However, if you hop a fence, shame on you if you don't know whats on the other side.

Where cattle range on Crown Land with parcels of private land mixed in, it's very difficult to tell if a fence is private or if it's a MOFR range fence. Decent maps would certainly make things a lot simpler.

[Pete]

1. Hey they have to post a, No Trespassing sign every 100 feet or it won't stand in court.
2. Some people think it says, " No Treespacing " lol
3. Show me the money
jel -- every one hundred feet, guy in the loop$ got off because of that.


Sorry Jel Not the case. All that has to be posted is the normal common entry point. States that right in the act.

[Chuck]

Our property of approximately fifteen acres along a river valley bottom was used in the fall for fishing and hunting. We weren't bothered much, if at all, by trespassers until we arrived one fine October day for a few days stay and found that the property had been logged of all the big cedars which were plentiful there. The property was posted as private, but that didn't stop the tree poachers. Tree poachers are out there and may be operating near your back yard too!

[Ed.R.Lee]

The property was posted as private, but that didn't stop the tree poachers. Tree poachers are out there and may be operating near your back yard too!

Not surprised at all when there are people advocating trespassing as a right (http://www.motherearthnews.com/Modern-Homesteading/Walkers-Rights.aspx).

[Jelvis]

Private land is one thing. Has to be posted every 100 feet from one end to the other, with no trespassing signs clearly written in French and English.
Otherwise S O L.
I remember a case thrown out of court by a judge, every one applauded the judge for his decision of wisdom. The judge said, " Since there was no signage in the area except one or two at the ends I can not convict this person when she did not know it was private land, case dismi$$ed."
Everyone jumped up with glee and said, " Yes."
Let's go hunting and if there are no signs, then it's probably Crown, and I have all rights on my Crown's Land. Let's go fella's.
Jel -- the 100 foot rule -- by Judge H. I. Icue --

[Lee]

I feel for you landowners having the few, the ignorant and unlawful plaguing your land. It does suck that people can remain 'That DUMB'. If it were me, I'd start hanging 'Trespassers will be shot' signage, every 10 feet, wire in some bear bangers on YOUR side of the line and wait.....


just be sure those bangers don't cause bodily damage, or the trespasser can sue :P

[sawmill]

Wildlife Act


(Section 39) - A person is

not permitted to hunt on cultivated land
or on Crown land which is subject to a
grazing lease while the land is occupied
by livestock, without the consent of the
owner, lessee or occupant of the land.

[/quote]

Now this one really pisses me off.All us here around Kimberley and Cranbrook should be aware that all of the land from Wycliffe to St. Marys Lake(the River Road) and up the Perry Creek road is occupied by cattle during most of the hunting season.
That is 3 Bar Ranches grazing lease.That means every one of the ten thousand hunters who hunt there are trespassing.I suppose we could all go and ask for permission to hunt crown land from them ,if they would give it but it really burns my a$$ that they have cattle ranging over a 100 thousand acres of prime deer and elk habitat and can stop us from hunting if they want.Besides,damn cows tear the shit out of the bush,and eat all the prime food down to the roots.:evil:

[sawmill]

AND,I forgot to mention the god damn drift fences.Nothing like coming across an elk tangled up by a front leg in barb wire.Mile long fences to direct cows down to the road once a year.I almost got my head kicked in a few years ago cutting a big cow elk out of one.

[Bigbuckadams]

Private land is one thing. Has to be posted every 100 feet from one end to the other, with no trespassing signs clearly written in French and English.
Otherwise S O L.

Let's go hunting and if there are no signs, then it's probably Crown, and I have all rights on my Crown's Land. Let's go fella's.
Jel -- the 100 foot rule -- by Judge H. I. Icue --

Okay, so I'm straight on this Jelvis. You ARE condoning Tresspass ? Comments like these are EXACTLY why a lot of landowners tell people NO when asked for permission to hunt. Countless hours of labour go in to maintaining fencing on a large parcel of land. I previously enjoyed helping to caretake an area of aprox. 7000 acres. All fenced and posted. Probably had to fix over 50 holes in the fence/year and replaced 25 signs/year ( due to human causes ). Pain in the a$$. I say bring back Texas rules and see how many people Tresspass a second time when they have a load of Buckshot in their a$$!!!

I guess we shouldn't have to worry about Region #'s or M.U.#'s because they should be posted every 100 feet as well. People seriously need to give their heads a shake, just cause the grass may be a little greener on the other side of the fence, doesn't mean you are entitled to it:confused:

[338]

AND,I forgot to mention the god damn drift fences.Nothing like coming across an elk tangled up by a front leg in barb wire.Mile long fences to direct cows down to the road once a year.I almost got my head kicked in a few years ago cutting a big cow elk out of one.

sad enough in a situation like that we are expected to mind our own business and keep on going. I had one rancher tell me that if any cow moose got tangled in his fence line it shouls be expected to be left alone. He said it not our business to interfere with nature. So I said, " How the f*ck is a man made barbwire fence 10km long a natural product of nature? If I ever drive by here and see you tangled by the neck in this wire, I will kindly remiind you that nature is culling out the weak."

Sometime the ignorance in this world baffles me.

[Ed.R.Lee]

I'll take the chance to clear up something. Most outfitters purchase an "exclusive hunting territory". I know that this is not land lease or ownership, only permitted to do guide business within a certain boundary. The public still have access to the land.

What about hunters? If it's an exclusive hunting territory registered to a specific outfitter, we can't hunt there anymore? :confused:

[ChilliwackWinchester]

Wildlife Act



(Section 39) - A person is


not permitted to hunt on cultivated land

or on Crown land which is subject to a
grazing lease while the land is occupied
by livestock, without the consent of the



owner, lessee or occupant of the land.



Wow... I feel ignorant now. Pretty much everywhere I have ever gone hunting has been riddled with cattle guards and grazing livestock. Princeton, Clinton, Loon Lake, Tunkwa Lake, Boston Bar, Bull River, Punchaw lake, etc... even Pink Mountain

WTF??? Apparently I have never hunted without tresspassing.

I have never had to use the "how to safely cross a fence with a firearm" training that you get in C.O.R.E. and P.A.L, but According to the above posted act, I have been tresspassing.

[6616]

Wildlife Act



(Section 39) - A person is


not permitted to hunt on cultivated land


or on Crown land which is subject to a

grazing lease while the land is occupied

by livestock, without the consent of the




owner, lessee or occupant of the land.



Don't forget that regulation only applies to grazing leases. There are only a handful of actual grazing leases in the Rocky Mountain Forest District. Most of the grazing tenures are grazing licenses (also called permits) and this regulation does not apply to them, only to leases.

[wolverine]

Where are you getting this info from? Trespassing is trespassing whether you walk up to someone front door that has a no trespassing sign , or wander onto unmarked private land unknowingly.

Whether you buy the trespass by parachute example or not is irrelevant because what matters is that it is an example used in one of my law classes to explain the laws on trespass. The point of the example is that even if you end up on private property out of your own control, its still trespassing.

This is one crutch that hunters will always have......not properly informing themselves of these sorts of things. We tend to piece together what we have heard or experienced over the years into what we think are the right policies, regulats, laws, etc........ oh but don't get me wrong I am the first to be guilty of this as well.


There's a real difference in the theory of law and what is accepted and practiced in the real world. My point is that there are many acts that are technically "unlawful" that are not acted upon because of the difficulty in proving same in court. Crown simply does not have the time or the tolerance level is set much higher than what you might expect. Absolute enforcement is considered to be bad law enforcement practice. It's the reason that there is such a great amount of latitude afforded Crown (reads prosecutorial discretion) is so the Crown can sort the minor or frivolous matters out of the system where enforcement would have little or no postive effect on the public at large and actually may have the exact opposite of the intended effect. Your law teacher has given you an extremely poor example and really would benefit from reading the law on the "defence of necessity". Crown neither has the time or resources for silly crap like "he cut across my property". By the way, find me the citation on the "trespass by parachute" in the Law Reports and post it up or PM me. I'd love to see that. Your local law library should have it, if it exists. :tongue:

[sawmill]

Wow... I feel ignorant now. Pretty much everywhere I have ever gone hunting has been riddled with cattle guards and grazing livestock. Princeton, Clinton, Loon Lake, Tunkwa Lake, Boston Bar, Bull River, Punchaw lake, etc... even Pink Mountain

WTF??? Apparently I have never hunted without tresspassing.

I have never had to use the "how to safely cross a fence with a firearm" training that you get in C.O.R.E. and P.A.L, but According to the above posted act, I have been tresspassing.

Letter of the law my friend.Theoreticly 75% of my stomping grounds are off limits.
Thing that really pisses me off is that they stick pregnant cows out on the lease to have calves in late June and July unatended.I grew up on a ranch and we NEVER chucked those girls out until the calf was born.We had a calving pasture and a corral just to make sure the cows had no trouble.For them it is just a friggen tax write off.A dead cow/calf is worth more than a live set.

[338]

By the way, find me the citation on the "trespass by parachute" in the Law Reports and post it up or PM me. I'd love to see that. Your local law library should have it, if it exists. :tongue:

There is no citation. As I mentioned it is an example to illustrate that the law on trespassing does not allow for any sort of discretion.