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Thread: Criminal Offence to Leave Opening in Ice

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  1. #1
    Join Date
    Nov 2020
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    Golden, BC
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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
    Posts
    8,515

    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
    Join Date
    Mar 2013
    Location
    Surrey, BC
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    13,183

    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
    Join Date
    Mar 2015
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    6,444

    Re: Criminal Offence to Leave Opening in Ice

    we used to just leave a little branch marking it

  6. #5
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    Dec 2007
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    up the hill
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    1,513

    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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    1,776

    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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    reality
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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

  9. #8
    Join Date
    Feb 2009
    Posts
    8,515

    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?

  10. #9
    Join Date
    Sep 2013
    Location
    Central Okanagan
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    140

    Re: Criminal Offence to Leave Opening in Ice

    Quote Originally Posted by tinhorse View Post
    Is there also a law about holes in sand at a beach?
    Most of those pose no risk, they have someone's head in them.

  11. #10
    Join Date
    Jan 2006
    Location
    East Kootenays
    Posts
    9,143

    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

    http://www.youtube.com/user/welderse...e=results_main

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