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04-06-2018, 08:16 AM
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Join Date: Dec 2010
Location: Look behind you :)
Posts: 27,818
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There is morally and ethically right and then there is legally right...morals and ethics are a personal thing, legally it is spelled out in black and white.
Unfortunately...he contravened the laws as written, and can’t be surprised at a court date.
LC
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04-06-2018, 08:43 AM
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Join Date: Dec 2009
Location: Alberta
Posts: 3,648
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Quote:
Originally Posted by wildwoods
It's hard for me to further speculate. If the OP is bang on accurate, and I put myself in his shoes- I shoot the suffering animal no question. Risking it taking flight to further suffer or lose it and waste it's life completely is a non starter for me. Again, just basing it off what we "know". It's similar to shooting after legal. If safe to do so, I would (talking about dispatching a wounded animal here). Same with vehicle collision deer. I would dispatch a suffering animal in a heartbeat if it was done safely and wouldn't think twice.
What would you do? honest question.
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I have and would call the CO and discuss with them what I propose to do in the situation at hand. I have a good relationship with the officers here and to be honest they are easy to deal with... Even tracking animals after legal light has expired I call, save them the time and effort if someone else witnesses this..
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04-06-2018, 08:59 AM
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Join Date: Feb 2012
Location: N. E. of High River
Posts: 4,985
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Quote:
Originally Posted by Lefty-Canuck
There is morally and ethically right and then there is legally right...morals and ethics are a personal thing, legally it is spelled out in black and white.
Unfortunately...he contravened the laws as written, and can’t be surprised at a court date.
LC
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I think that he could have got permission to do the morally and ethically right thing. I do not know at what point the thought of asking came about but when he had no cell contact he had no permission. At that point as you say the law is back and white. I have been hunting for many years and have yet to hear of an exception to the black and whiteness of the law by investigating or charging officers.
I think all hunter education instruction should include instruction on the exact letter of the law nature of our game laws. I think all experienced hunters should make this point clear to all new hunters.
I would like to see someone smarter than me draft a sticky explaining hunter responsibility in this and similar situations.
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04-06-2018, 09:29 AM
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Join Date: Feb 2012
Location: N. E. of High River
Posts: 4,985
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I once spotted a young mule deer buck with a serious injury near a road on private property. His rear leg was dangling from a shot though the hip. He did not have enough antler points to make him legal. I tried to make several calls from a phone at a local rancher's place. After I could not get though to the fish cops I phoned the RCMP in Drumheller and spoke to an officer. He gave us conditional permission with stern warning that we also needed permission to trespass on the private property. He took our names, license numbers and location of the deer and told us he would not attend unless we had difficulty with the land owner. He also told me that he believed me, but warned that if he hears different he would be in contact. He also told me that if I did not actually obtain permission from the land owner, I may be charged with trespass.
I understand that the authorities must hear all sorts of stories and I understand the need for the game laws to be black and white.
I have had a few tell me that I should have just put down the deer and move on. I often hear words like it is easier to ask for forgiveness than it is to get permission. I know 100% that this does not apply to game laws no matter how righteous one feels.
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04-06-2018, 10:18 AM
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Join Date: Feb 2017
Location: 00
Posts: 507
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You don't call the cops and report yourself for speeding! Why would he call the fish cops on himself?
Doesn't make sense!
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04-06-2018, 10:38 AM
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Join Date: Feb 2012
Posts: 2,346
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Quote:
Originally Posted by covey ridge
Humping a bunch of decoys and setting up does not involve chase, pursue, follow or trail and if firearms not loaded there is no lie in wait but just waiting for legal time. Walking out in the dark after a shoot does not fit the definition as well.
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The CO that used to patrol our area was a great guy. He'd answer any questions about the regs and some of my routines are based on what he told me. I've bolded the portion of Covey's answer about sitting in the dark as it is very close to what the CO explained to me. To paraphrase, he described sitting in the dark as 'waiting to wait' and had no issue with it.
The retrieval/tracking situation was explained to me in this way. If you shoot an animal at last light, there is no issue with going to retrieve it in the dark. But if you determine that the animal is alive and continue to track it, you are now hunting.
His answers made sense to me. I also know that a different CO may give a different answer as to how they interpret things.
I think the guys who have suggested making a phone call to F&W have given a good answer.
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04-06-2018, 10:49 AM
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Join Date: Dec 2008
Location: Camrose
Posts: 46,116
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Quote:
Originally Posted by Little red riding hood
You don't call the cops and report yourself for speeding! Why would he call the fish cops on himself?
Doesn't make sense!
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Unless you were worried that someone may have seen you with the deer. You never know who might be watching, and then an officer might show up at your door with a search warrant as a result.
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Only accurate guns are interesting.
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04-06-2018, 11:01 AM
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Join Date: Oct 2009
Posts: 230
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Quote:
Originally Posted by elkhunter11
Unless you were worried that someone may have seen you with the deer. You never know who might be watching, and then an officer might show up at your door with a search warrant as a result.
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Shoot Gut Shut up
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04-06-2018, 11:09 AM
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Join Date: Apr 2011
Location: Edmonton Area
Posts: 4,161
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Quote:
Originally Posted by altex
Shoot Gut Shut up
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The Poacher’s Creed
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04-06-2018, 12:02 PM
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Join Date: Mar 2012
Posts: 1,920
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The less people know the better .
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04-06-2018, 12:22 PM
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Join Date: Jun 2013
Location: Bazeau County East side
Posts: 4,203
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Quote:
Originally Posted by 58thecat
Had a buddy with the same scenario, he called the fish cops and they accompanied him, found the deer and they dispatched it. Only thing was they confiscated the deer.He got to keep his tag and hunt the rest of the season.
When in dought call the fish cops and explain the situation, they will walk with you to investigate etc better than a fine or a suspension.
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So the moral of the story is do not attempt to retrieve game the next day (Sunday) in a zone that has no hunting on Sunday's.
You will either be charged or FW will just take the animal.
No common sense or ethics left in this world.
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04-06-2018, 03:17 PM
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Join Date: Feb 2017
Location: 00
Posts: 507
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Sorry for the derail... I have a question, is it the act of shooting an animal before or after "legal light" for safety reasons? (Mistaken identity ECT.) Or is it the discharge of a weapon that's illegal? Let's say there's a fox in the henhouse at midnight, I know that anyone here who has chickens would not wait for legal light to turn the lights out on that fox! But, is it legal to do So? Or does the legal light only apply to hunting?
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04-06-2018, 04:07 PM
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Join Date: May 2007
Location: Alberta
Posts: 443
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Legally you cannot discharge a firearm in Alberta between 1/2 hour after sunset and ending at 1/2 hour before sunrise the following day for any reason, except at a lawfully established shooting range.
That being said, if a 500lb bear is chewing on your kids leg or your favourite cow at 1am it’s your call on how to proceed, just be prepared to deal with the consequences of your actions.
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04-06-2018, 05:43 PM
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Join Date: Feb 2017
Location: 00
Posts: 507
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So if it's the discharge of a firearm that's illegal... then the legal light should not apply to bow hunting.
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04-06-2018, 05:46 PM
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Join Date: Dec 2008
Location: Camrose
Posts: 46,116
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Quote:
Originally Posted by Little red riding hood
So if it's the discharge of a firearm that's illegal... then the legal light should not apply to bow hunting.
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If you took the time to read the Wildlife Act, as every hunter should do, you would see that there are two separate regulations dealing with hunting hours, and the discharge of firearms.
http://www.qp.alberta.ca/documents/Acts/W10.pdf
Quote:
Hunting at night
28 A person shall not hunt wildlife, except by trapping, during
the period commencing at 1/2 hour after sunset and ending at 1/2
hour before sunrise the following day.
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Quote:
Discharge of firearm at night
53 Except at a lawfully established and operated shooting range, a
person shall not discharge a firearm during the period referred to in
section 28.
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__________________
Only accurate guns are interesting.
Last edited by elkhunter11; 04-06-2018 at 05:53 PM.
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04-06-2018, 05:48 PM
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Join Date: Oct 2008
Location: Location
Posts: 4,961
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Quote:
Originally Posted by Little red riding hood
So if it's the discharge of a firearm that's illegal... then the legal light should not apply to bow hunting.
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Look up definition of a weapon in the regs.
"Hunting" was violated on a closed Sunday. He technically should not have shot. It's not the basis of the argument. He broke the law. The context is if he morally did the right thing or not... I've stated my point and won't be engaging. To each their own
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04-06-2018, 06:34 PM
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Join Date: Feb 2017
Location: 00
Posts: 507
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Not looking for a fight with someone I've never met, just had a question, thanks for the answer.
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04-06-2018, 06:47 PM
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Join Date: Oct 2008
Location: Location
Posts: 4,961
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Quote:
Originally Posted by Little red riding hood
Not looking for a fight with someone I've never met, just had a question, thanks for the answer.
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Sorry. Was legit trying to answer. No snark meant at all. Just a simple answer.
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04-06-2018, 08:51 PM
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Join Date: Sep 2008
Location: Near YVR
Posts: 1,240
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SSS....
Tell it to the judge....
Rob
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We sleep safe in our beds because rough men & women stand ready in the day/night to visit violence on those who would do us harm.
RIP Pte Terry J Street 2nd Battalion, PPCLI, Shilo, Man. EOT, April 4 2008 Panjwayi District Afghanistan,Constable Jimmy Ng,RCMP EOW,Sunday, September 15, 2002
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04-07-2018, 12:00 AM
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Join Date: Feb 2015
Location: SK
Posts: 120
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Post #19 pretty much tells you why he was charged. Why not call ASAP rather than wait for .......How many days ? Duh
__________________
"Overkill.............is WAY underrated.".
"You should not use a rifle that will kill an animal when everything goes right; you should use one that will do the job when everything goes wrong."
- Bob Hagel
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