Legalese October 28, 2004
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The Hunting Column - 2004
With waterfowl, moose and bear seasons already open in various parts of the province, and with the deer season (firearm) about to open, it is perhaps timely to review some legal issues that should be considered before heading out to the watch or to the blind.
Hunters should be aware that they must have their firearms licence with them when they are in possession of their rifles or shotguns. Conservation Officers from the Ministry of Natural Resources, as well as the police, may ask you to produce your firearms licence. If you do not have a valid Possession and Acquisition Licence (PAL), Possession Only Licence (POL), or Firearms Acquisition Certificate (FAC), you can expect to have your firearms seized and to be charged.
Hunters will also be required to produce proof that the firearm they are using has been registered. It is an offence for any person to be in possession of a firearm without also having in their possession a Registration Certificate issued by the Canadian Firearms Centre for that rifle or shotgun. In other words, hunters will have to be able to produce valid hunting licences, firearms licences and Registration Certificates if asked to do so by a Conservation Officer or a peace officer. Dont leave home without them!
Breaches of the rules and regulations dealing with firearms are criminal offences and a conviction will result in a criminal record. A hunter who isn't up to date on the rules associated with the sport will not find much sympathy in our Courts.
Responsible hunters also know that trespassing is probably one of the most common sources of complaints during the hunting seasons. If its not Crown Land, and you don't have clear (preferably written) permission to hunt on land that is not your own, STAY OFF THE PROPERTY. Wandering where you are not allowed to be can have serious consequences and can, depending on the circumstances, result in charges. Besides a fine, this nuisance behaviour can also result in hunting licences being revoked.
Finally, it always comes as a surprise to find out how many hunters simply ignore the issue of their legal liability in the event of an accident. Although the rate of injury and death in hunting is extremely low, accidents can and do happen. The financial consequences that can arise from an accidental shooting, both for the shooter and the victim, are overwhelming. Some hunting and shooting organizations offer inexpensive liability insurance to their members that may also include coverage for accidental property damage.
Further information on hunting is available from the Ministry of Natural Resources through its annual hunting handbook (Regulations Summary), its general information line: 1-800-667-1940, and at its website www.mnr.gov.on.ca. Information on the rules and regulations with respect to firearms can be obtained by calling the Canadian Firearms Centre at 1-800-731-4000.
Susan Irwin, Lawyer/Executive Director
