In order for something to be an offense, it must be specifically defined as one within the Law, via legislation. The Synopsis is NOT the Law, it is a guideline to help resource users understand the regulations and laws from the perspective of the Ministry and BC COS. Where in the two differ, the legislation prevails. It is legislation that counts, not the synopsis.
I have read the Wildlife Act, I suggest yourself and all other BC Hunters do likewise. Sling Shots are not prohibited in the legislation, nor are many other methods that are likewise legal.
As for efficacy? Some sling shots are truly fierce. In practiced hands and within their effective range, the sling shot is not a crippler but is a stone cold killer of small species. Make a quality shot with one and it's time to get ready for dinner!
EDIT: I'm wrong, keep reading! I'm no lawyer, and not pretending to be, but this seems pretty well spelled out to me. The legal hunting methods are prescribed in the regulations (and a layman's version given to us in the synopsis) as allowed under the Wildlife Act.
Section 108 of the Wildlife Act.
Regulations by Lieutenant Governor in Council
108 1) The Lieutenant Governor
in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the
Lieutenant Governor in Council may make regulations as follows:
(snip)
(s) prohibiting or regulating methods and
devices for hunting, trapping, capturing or taking wildlife and respecting
safety in those activities;
I'm no lawyer, and not pretending to be, but this seems pretty well spelled out to me. The legal hunting methods are prescribed in the regulations (and a layman's version given to us in the synopsis) as allowed under the Wildlife Act.
Section 108 of the Wildlife Act.
Regulations by Lieutenant Governor in Council
108 1) The Lieutenant Governor
in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the
Lieutenant Governor in Council may make regulations as follows:
(snip)
(s) prohibiting or regulating methods and
devices for hunting, trapping, capturing or taking wildlife and respecting
safety in those activities;
And nowhere are slingshots regulated (must use slingshot of 30# draw for example) or prohibited.
Page 16 shows common hunting weapons and what types are legal or illegal for hunting. It is not a comprehensive list of all legal hunting weapons. Been down this road many, many times on HBC....
Knowledgeable shooters agree- The 375 Ruger is the NEW KING of all 375 caliber cartridges. ALL HAIL THE NEW KING!
I'm no lawyer, and not pretending to be, but this seems pretty well spelled out to me. The legal hunting methods are prescribed in the regulations (and a layman's version given to us in the synopsis) as allowed under the Wildlife Act.
Section 108 of the Wildlife Act.
Regulations by Lieutenant Governor in Council
108 1) The Lieutenant Governor
in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the
Lieutenant Governor in Council may make regulations as follows:
(snip)
(s) prohibiting or regulating methods and
devices for hunting, trapping, capturing or taking wildlife and respecting
safety in those activities;
Not a Lawyer? You're not kidding Sir! Unfortunately, you also do not seem to currently understand our Legal principles/the Rule of Law, which are a fundamental defining element of Canadian Society as a whole. Unfortunately, you are not alone and this is a big part of why we are in such a sorry state of affairs these days, in British Columbia in particular. I urge you to learn a bit more about this for your own sake, Sir.
Please note that I am not judging you, it is just very irksome when I hear people insist that reverse onus is the norm in matters such as that which we discuss here. Read on please all, to (hopefully) understand more clearly what I am saying here.
Many appear to confuse the BC Hunting Regulation with the Synopsis, which is easy for many folks to do. If and when section 108 0f the Act is invoked by the Lieutenant Governor in Council, the new regulation created appears in B.C. Reg 190/84. That document, combined with elements of the B.C. Wildlife Act and opinions of the BC COS and FLNRO (most probably still know them as BC MOE) and a generous number of mistakes and typos, et al are all summarized and publicized in the B.C. Hunting and Trapping Synopsis. This document is known colloquially among us as simply "the regs", as in "read the regs!"; however, the Synopsis is not to be confused with B.C. 190/84, the Wildlife Act or any other document. If you go to Provincial Court, the Synopsis is mostly moot if not entirely irrelevant when it comes to Crown Council proving a case against the Accused. The Act that creates an offense must be used to prosecute and things must be specifically banned to be illegal. Things are not illegal simply for not being mentioned in a publication that is not law.
I repeat: The BC Hunting Regulations are not the Synopsis, the synopsis is a convenient summary of the Wildlife Act and Hunting Regulation et al and IS NOT THE LAW. It clearly states in the fine print of "the regs" that they in fact are not a legal document and wherein that synopsis and the legislation conflict, the legislation shall prevail.
And nowhere are slingshots regulated (must use slingshot of 30# draw for example) or prohibited.
Page 16 shows common hunting weapons and what types are legal or illegal for hunting. It is not a comprehensive list of all legal hunting weapons. Been down this road many, many times on HBC....
Originally Posted by "No Choke"Lord Walsingham
Not a Lawyer? You're not kidding Sir! Unfortunately, you also do not seem to currently understand our Legal principles/the Rule of Law, which are a fundamental defining element of Canadian Society as a whole. Unfortunately, you are not alone and this is a big part of why we are in such a sorry state of affairs these days, in British Columbia in particular. I urge you to learn a bit more about this for your own sake, Sir.
Please note that I am not judging you, it is just very irksome when I hear people insist that reverse onus is the norm in matters such as that which we discuss here. Read on please all, to (hopefully) understand more clearly what I am saying here.
Many appear to confuse the BC Hunting Regulation with the Synopsis, which is easy for many folks to do. If and when section 108 0f the Act is invoked by the Lieutenant Governor in Council, the new regulation created appears in B.C. Reg 190/84. That document, combined with elements of the B.C. Wildlife Act and opinions of the BC COS and FLNRO (most probably still know them as BC MOE) and a generous number of mistakes and typos, et al are all summarized and publicized in the B.C. Hunting and Trapping Synopsis. This document is known colloquially among us as simply "the regs", as in "read the regs!"; however, the Synopsis is not to be confused with B.C. 190/84, the Wildlife Act or any other document. If you go to Provincial Court, the Synopsis is mostly moot if not entirely irrelevant when it comes to Crown Council proving a case against the Accused. The Act that creates an offense must be used to prosecute and things must be specifically banned to be illegal. Things are not illegal simply for not being mentioned in a publication that is not law.
I repeat: The BC Hunting Regulations are not the Synopsis, the synopsis is a convenient summary of the Wildlife Act and Hunting Regulation et al and IS NOT THE LAW. It clearly states in the fine print of "the regs" that they in fact are not a legal document and wherein that synopsis and the legislation conflict, the legislation shall prevail.
I am very well aware that the Synopsis is not the Regulations, I even made note of that in my last post, with "(and a layman's version given to us in the synopsis)". I did do some reading in the Regulations (190/84 as you noted) and have to concede that both of you are correct on this issue. Slingshots are not prohibited or regulated. It appears that they are legal for all game except bison and migratory game birds. Slingshot grizzly hunt anyone? Thanks for the lesson.
In case anyone wants to verify for themselves:
Division 7 — Hunting
Methods
Offence — weapons
17 (1) A person commits an offence where he
hunts
(a) with a rifle using
(i) a full metal jacketed non-expanding
bullet, or
(ii) a tracer, incendiary, or explosive
bullet,
(b) big game, other than lynx, bobcat or
wolverine, with a rifle using a rimfire cartridge,
(c) with a shotgun using a tracer or
incendiary shot shell,
(d) mountain sheep, mountain goat, elk, moose,
caribou, bison or grizzly bear with a shotgun,
(e) deer, black bear, cougar, coyote, lynx,
bobcat, wolverine or wolf with a shotgun
(i) less than 20 gauge, or
(ii) using a shot shell loaded with shot
smaller than the shot size 1 Buck,
(f) game birds, other than turkey, grouse and
ptarmigan, with a rifle,
(g) small game, game birds, lynx, bobcat,
wolverine, mule (black-tailed) deer, white-tailed deer or fallow deer with a
crossbow (except a compound crossbow) having a pull of less than 55 kg,
(h) big game, other than deer, lynx, bobcat or
wolverine with a crossbow (except a compound crossbow)
(i) having a pull of less than 68 kg,
or
(ii) having a bolt with a broadhead less
than 2.22 cm at the widest point,
(i) with a compound crossbow having a pull of
less than 45 kg at full draw,
(j) with a crossbow having a bolt weighing
less than 16.2 g,
(k) with a bow having a pull of less than 18
kg within the archer's draw length,
(l) big game with a bow using an arrow with a
broadhead less than 2.2 cm at the widest point,
(m) bear
(i) by placing bait, or
(ii) by using a dead animal or part of it
as bait,
(n) migratory game birds by using a power
boat, unless the boat is beached, resting at anchor or fastened within or tied
immediately alongside of a fixed hunting blind,
(o) migratory game birds using
(i) a rifle or shotgun loaded with a
single projectile,
(ii) any weapon other than a bow and
arrow or a shotgun not larger than number 10 gauge, or
(iii) more than one shotgun unless each
shotgun in excess of one is disassembled or unloaded and encased,
(p) waterfowl, coot or snipe while using shot
other than non-toxic shot,
(q) turkey with a rifle using a centrefire
cartridge,
(r) bison with a weapon other than
(i) a centrefire rifle and ammunition
other than ammunition constructed with a 175 grain or larger bullet which
retains 2 712 joules (2 000 foot pounds) or more energy at 100 metres, or
(ii) a bow having a pull greater than
22.6 kg within the archer's draw length, an arrow greater than 26 grams in
weight and a broadhead greater than 8.1 grams in weight and 2.2 cm in width at
its widest point, or
(s) with a firearm that is designed, altered
or intended to be aimed and fired by the action of one hand or that has a barrel
less than 305 mm in length.
(2) A person who possesses shot, other than
non-toxic shot, for the purpose of hunting waterfowl, coot or snipe, commits an
offence.
(3) A person who hunts big game with a shotgun
loaded with single-projectile ammunition is exempt from section 26 (1) (h) of
the Act.
Very well Sir. Please do note that my prior post was not solely directed to yourself, landphil. I have come across many here and elsewhere whom have appeared to do as I stated above.
Of course, just what is what concerning certain elements of 190/84 that you've posted have also been debated in at least one amusing thread prior, right here on HBC! The slingshot issue has proven to be somewhat less controversial...
Last edited by "No Choke"Lord Walsingham; 01-11-2015 at 11:06 PM.
A large enough piece of rubber tied between two trees. A couple guys to pull it back, and fire ten ounce ball weights out of it. That oughta do it, providing the bear is kind enough to walk into our shooting lane.