Feature Article October 24, 2001
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The Hunting Column, 2001by Susan Irwin , Lawyer/Executive DirectorWith waterfowl, moose and bear seasons already open in various parts of the province, and with the deer season about to open, it is a good time to review some legal issues that should be considered before heading out to the marsh or the woods. Firstly as a lawyer, aware of the "worst case" scenario, 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 could arise from an accidental shooting, both for the shooter and the victim, are overwhelming. Fortunately, many hunting and shooting organizations and clubs offer inexpensive liability insurance for their members, with some policies also covering accidental property damage. The Ontario Federation of Anglers and Hunters and the National Firearms Association are perhaps two of the better known organizations that offer insurance packages. Hunters should be aware that this year, for the first time, 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), expect at the very least to have your firearms seized and, more likely, to also be charged.People should be aware that the temporary licences issued when the federal government found it could not process all the POL applications by December 31, 2000, have now expired. If you applied last year and have not yet received your POL, contact your MP and the Canadian Firearms Centre without delay. All hunters should be familiar with the rules regarding the safe transportation and storage of firearms. Proper storage of firearms at hunting camps would appear to be the same as at a residence. Breaches of the rules and regulations dealing with firearms are criminal offences and a conviction will result in a criminal record. Many areas of our gun control laws are not as clear as one might wish, but unless you wish to be a test case, it would perhaps be best to err on the side of caution when using, transporting and storing your firearms. Responsible hunters should know that trespassing is probably one of the most common source of complaints during the hunting seasons. If its not Crown Land, and you don't have clear (preferably written) permission to hunt this year, 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. Contrary to what many people may think, property does not necessarily have to be "posted" to keep out strangers. For example, the existence of a fence is a good indication that a landowner wishes to keep strangers off the property. The rules regarding the use of "Hunter Orange" have now been in place for several years and we would not expect that Conservation Officers will have much patience with pleas of ignorance. The orange colouring must be solid. Camouflage or open mesh clothing or hats do not apparently satisfy the law. A hunter who isn't up to date on the rules will not find much sympathy in our Courts. 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 web site www.mnr.gov.on.ca. Information on the rules and regulations with respect to firearms, or on the status of your licence application, can be obtained by calling the Canadian Firearms Centre at 1-800-731-4000.