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  #31  
Old 11-12-2018, 04:28 PM
FinnDawg FinnDawg is offline
 
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Or if you weren’t doing anything wrong fight the charge...
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  #32  
Old 11-12-2018, 06:15 PM
Positrac Positrac is offline
 
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Quote:
Originally Posted by elkhunter11 View Post
Be aware that if you are convicted of hunting without a license, a suspension is likely.
I agree Elk with what you are saying but am I the only one who finds it ironic that if you get caught hunting without a licence that you will end up having your licence suspended...? Lol. I would think in the OP’s case if a mistake was made it was unintentional and he wouldn’t hunt again until the suspension was lifted but in the case of someone who would intentionally hunt without a licence why would they care...? I’m sure they would care about escalating fines if caught again but the actual licence suspension would mean didly squat to them...
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  #33  
Old 11-12-2018, 06:19 PM
marky_mark marky_mark is offline
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My guess is the op got the ticket because he said he was hunting deer too and didn’t have a tag
His buddy got the ticket because he didn’t have a Strathcona license and therefore couldn’t legally hunt deer with his shotgun

That’s my best guess
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  #34  
Old 11-12-2018, 06:42 PM
HunterDave HunterDave is offline
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Quote:
Originally Posted by MKD View Post
An Officer could make a mistake! If you feel they have charged you improperly, then contact them directly and explain the error. They can withdraw the charge.
This is what I’d suggest as well. At the very least you’d come away with an explanation and understanding as to why the Officer made the decision that she did.
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  #35  
Old 11-12-2018, 07:02 PM
robson3954 robson3954 is offline
 
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Quote:
Originally Posted by 1bowhunter12 View Post
^so for example ..if I’m out with a buddy who has a moose draw and the CO rolls up and I say we’re hunting moose and deer I can be charged for hunting without a licence ... not likely .. ecentially the same thing
I believe according to the word of the law in the wildlife act, you are not allowed to assist in a hunt unless licensed. I don’t think any f&w officers or COs would charge you with that unless you’re already caught doing something illegal. Then they’ll find the max they can tag on.
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  #36  
Old 11-12-2018, 07:05 PM
Xbolt7mm Xbolt7mm is offline
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Quote:
Originally Posted by JeanCretien View Post
Sorry to hear that man. The legal system isn’t always just. Good luck to ya and thanks for the reminder.


Sent from my iPhone using Tapatalk
What do you mean it isn’t just, did you actually read the post!!
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  #37  
Old 11-12-2018, 07:19 PM
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Quote:
Originally Posted by marky_mark View Post
My guess is the op got the ticket because he said he was hunting deer too and didn’t have a tag
His buddy got the ticket because he didn’t have a Strathcona license and therefore couldn’t legally hunt deer with his shotgun

That’s my best guess
Sounds like this, mistake made by both parties, hence two tickets
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  #38  
Old 11-12-2018, 07:57 PM
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Quote:
Originally Posted by MKD View Post
The Synopsis is not LEGAL DOCUMENT, nor is the iHunter App. Both have disclaimers attached.

Get a copy of the actual 2018 Regulations and determine whether you were hunting legally. (Queens Printer)

An Officer could make a mistake! If you feel they have charged you improperly, then contact them directly and explain the error. They can withdraw the charge.

If that does not work then approach the Crown Prosecutor with your argument. Reducing their load on game day will be welcomed.


Admitting you were hunting Deer without a license in your pocket!? That's the mistake.

Look up the differences between Strict and Absolute Liability offences. Google Lawyer will help.

Best of luck.
Quote:
Originally Posted by HunterDave View Post
This is what I’d suggest as well. At the very least you’d come away with an explanation and understanding as to why the Officer made the decision that she did.

^^^^^^
I would try to talk to the officer who gave you the ticket and discuss this with her. She won't want to go to court to be made out a fool. You don't want to take a day off work to go to court. She is wrong, you just have to convince her of that...………….based on the regulations. Write down everything said during your encounter(s) with the officer, dates, times, locations, the licenses you had in your possession at the time.


You don't require a deer license if you were bird hunting...…..as you said...….and your partner had a WT license...…..you do not require a special license for WT in 248.
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  #39  
Old 11-12-2018, 07:57 PM
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What I take from your posts is that your buddy was bowhunting for whitetail deer, and you were bowhunting for upland game bird in WMU 248?
You were both charged with hunting without a valid license...why?
While I do not believe that ignorance of the law is a valid excuse, could someone please point out the wording in the 2018 Alberta Hunting Regulations that states you require a "Strathcona White-Tailed Deer License" to bow hunt white-tailed deer in WMU 248.
FWIW- I don't think you will find the appropriate wording or statement.
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  #40  
Old 11-12-2018, 08:06 PM
marky_mark marky_mark is offline
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Quote:
Originally Posted by urban rednek View Post
What I take from your posts is that your buddy was bowhunting for whitetail deer, and you were bowhunting for upland game bird in WMU 248?
You were both charged with hunting without a valid license...why?
While I do not believe that ignorance of the law is a valid excuse, could someone please point out the wording in the 2018 Alberta Hunting Regulations that states you require a "Strathcona White-Tailed Deer License" to bow hunt white-tailed deer in WMU 248.
FWIW- I don't think you will find the appropriate wording or statement.
I’m pretty sure his buddy had a shotgun
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  #41  
Old 11-12-2018, 08:10 PM
RZR RZR is offline
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Rule #1 never say your hunting. “I’m just out for a walk”
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  #42  
Old 11-12-2018, 08:38 PM
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Quote:
Originally Posted by marky_mark View Post
I’m pretty sure his buddy had a shotgun
From the first post:
Quote:
Recently got my bow bow license bird license been practicing shooting and wanted a nice day out in the bush. My buddy has his bird and a general WT tag. We been hunting out in white court together and felt maybe a closer day trip to cooking lake. He picked up a bow license and we headed out. As first season out I wasn’t expecting to get a deer and if i sightings where good is pick one up at lunch for afternoon hunt or let my buddy with the general deer tag take the shot.
Why would he pick up a bow license and then take a shotgun?
I am all for people being held accountable, even when it is an honest to goodness mistake. But I do not agree with charging people for failing to understand poorly written, or wrongly worded due to editing, regulations. I do not hunt in that area, so have never read the regulations pertaining to WMU 248 or Strathcona County. Having just read through that section of the regulations, I came to the conclusion that I would have been charged for doing the exact same thing the OP described.
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  #43  
Old 11-12-2018, 09:00 PM
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OP, I agree with Reddeer and Elk as far as the penalty. You're going to have to take your lumps. Not sure why your buddy was issued a ticket...maybe there's more to the story?
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  #44  
Old 11-12-2018, 10:15 PM
Suzukisam Suzukisam is offline
 
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Am o missing something. Nowhere does it say they had a shotgun. And it does say that the stars on tag give you 2 and you can have a 3rd with your general tag
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  #45  
Old 11-12-2018, 10:44 PM
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Yeah, never would have said I was hunting thats for sure. I camp backcountry all summer with a shotgun hanging off my bag. Would love to get a ticket for "hunting" just because I'm carrying a gun, would fight it tooth and nail. If you told her you were hunting WT then you admitted guilt if you didn't have a tag. Hopefully they let you off easy. Always check the regs. Goodluck.
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  #46  
Old 11-12-2018, 11:18 PM
R3illy R3illy is offline
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have to say im quite surprised a guy gets charged with a pretty serious issue yet people are mostly relaxed about it all. Is that because the op wasnt successful on an illegal hunt?

I thought poachers arent a welcome breed around here?
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  #47  
Old 11-12-2018, 11:44 PM
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"What are you guys hunting?"
"Whitetail deer."
"Can I see your tags?"

Alternate version:

"What are you guys up to?"
"Hunting whitetail deer."
"Do you mind if I take a look at your licenses?"

Either of these versions of the events would end up with a court date for the guy without a whitetail deer tag. I am not familiar with the area at all and never looked at it in the regs, but from a quick look it appears that the general tag is good to November 30 in WMU 248, where the events took place. So I am not really sure what the other guy got his ticket for.

The correct version would be:

"What are you guys hunting?"
"I am hunting upland birds."
"And I am hunting whitetail deer."
"May I take a look at you licenses?"

Not sure where the shotgun came into the conversation from, but if the guy did in fact have a shot gun and a general whitetail deer license, then he may have been confused by this?



Either way, it appears that some info is missing or at least one guy should not have been ticketed.

The way it reads to me though, the buddy bought a bow permit and would (supposedly) take a shot with your bow at a deer if one presented itself. My concern with this part is obviously buddy's experience with shooting a bow. Clearly he did not have the permit when you guys were hunting in Whitecourt and was not planning on taking a deer with an arrow.

Quote:
Originally Posted by 1bowhunter12 View Post
^so for example ..if I’m out with a buddy who has a moose draw and the CO rolls up and I say we’re hunting moose and deer I can be charged for hunting without a licence ... not likely .. ecentially the same thing
If you say you are hunting moose, you would most definitely get charged for hunting without a license. If you say moose and deer, likely no problem would arise. I think the best answer in this case is "I am hunting deer" (assuming you have a tag for one). And the buddy's answer "I am hunting moose" or "... moose and deer" if he is also after a deer and has tag.

Words really matter. Anything you say may be used against you in a court of law, or whatever the saying goes.
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  #48  
Old 11-13-2018, 05:42 AM
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Yup ask for a OA lawyer....lots here.
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  #49  
Old 11-13-2018, 08:07 AM
raw outdoors raw outdoors is offline
 
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Quote:
Originally Posted by reddeerhunter View Post
1000.00$ fine and 1 year suspension of license.

Honest or not dont matter, they will give that to you.

Sucks, but come back better.
Most judges don’t have a clue about wildlife charges at all, they take the recommendations of the wildlife officer for the penalty the president is set with the above quote. If you are guilty or Inocent. The court is not a money loosing business. If you try fight it they will threaten you with higher fines and tougher penalty’s. It will cost you way more to fight it. Days off work, food and travel, every time you show up in court that wildlife officer is making double time for there apearnce that cost needs to be covered someplace and it adds up and up and up every time you go in and try explaine yourself. You can get a lawyer to negotiate that $1000 down but then you have to pay the lawyer. You will never be able to negotiate no hunting suspension. The best option is to have all your info and ducks in a row on the first court date try talk to the crown prosecuted before you are called upon by the judge.

The rules and regulations seem to be written to keep people slightly confused never 100% sure. That way they can generate revenue off of hunters more easily like in your case just saying the wrong thing.
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  #50  
Old 11-13-2018, 08:37 AM
Joe Black Joe Black is offline
 
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Quote:
Originally Posted by RZR View Post
Rule #1 never say your hunting. “I’m just out for a walk”

one of the first questions a co will ask, and it is loaded.

what you answer can get you in alot of chit inadvertently. if you were stopped in a vehicle, and are asked if you are hunting, you may answer "yes". as you are travelling to your hunting area. technically they could charge you for hunting from a vehicle. would get thrown out, but they could charge you.

my guess is that they will get convicted to the charge as they stated to the CO they were hunting WT, ect, which was illegal.

it is not illegal to carry a weapon during a hunting season and not have a licence. farmers do it all the time. you can also carry a weapon for protection against bears, et.

in this case, yes they were hunting and admitted it. i would guess 1 year suspension and 1000$
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  #51  
Old 11-13-2018, 08:40 AM
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Quote:
Originally Posted by 1bowhunter12 View Post
I’m confused as well .. you have a bow permit and a gam bird licence .. no deer where harvested ..what’s the problem ??? I don’t see any illegal activities
Yup, sounds to me like you were hunting birds.....
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  #52  
Old 11-13-2018, 08:52 AM
Joe Black Joe Black is offline
 
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if you are going to court, as for disclosure of the crowns evidence. they must provide everything the crown will present in court to you before court, (if you ask for it). She probably has notes or a write up of what questions were asked and your answers. this is what will be presented in court. if she stated exactly what you said and it was breaking a law, your're screwed. changing your story in court wont get you off.

if the question and answer can be interpreted in such a manner that you were not doing anything illegal, you may have an argument that your interpretation of the questions she asked you were misinterpreted. either way, doesn't hurt to get the info before court so you know whats coming.
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  #53  
Old 11-13-2018, 03:28 PM
Benelli1 Benelli1 is offline
 
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To the op, from the information you have provided, it appears that one, or both of you, may have a chance to have the charges dismissed. Be sure to let us know how this plays out, good luck.
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  #54  
Old 11-13-2018, 10:43 PM
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A shot in the dark here, but what were you carrying for points? If you only had small game or bird points, you might be okay...but if you had broadheads, if might indicate that you were after something bigger.
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  #55  
Old 11-13-2018, 11:13 PM
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Quote:
Originally Posted by alacringa View Post
A shot in the dark here, but what were you carrying for points? If you only had small game or bird points, you might be okay...but if you had broadheads, if might indicate that you were after something bigger.
Don't need a tag for coyote. You could shoot a coyote with a judo point but I don't recommend making a habit of it. Is North Cooking Lake NA closed for coyote? I think OP has missed a few 'details the CO needs some remedial regulation reading. If it's exactly as he laid it out time to lawyer up.
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  #56  
Old 11-13-2018, 11:42 PM
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I wonder if the OP was hunting birds with a broad head at the end of his arrow.

Must have been hunting coyotes then, eh?

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  #57  
Old 11-13-2018, 11:57 PM
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Kind of late to makes excuses when you already admitted here and to the CO you were hunting deer

LC
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  #58  
Old 11-14-2018, 12:15 AM
338Bluff 338Bluff is offline
 
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Quote:
Originally Posted by Lefty-Canuck View Post
Kind of late to makes excuses when you already admitted here and to the CO you were hunting deer

LC
Coyote thing is sort of a bunny trail comment as most discussions on here are wont to go. The OP has not been back to comment so clearly something is missing from the story as it makes no sense. The conjecture and innuendo from the ensuing discussion is amusing though.
Where did he admit HE was hunting deer?
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  #59  
Old 11-14-2018, 06:43 AM
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Sniff
Sniff
Whewww....

Yup, I’m afraid this smell test didn’t fair too well.

I wonder if the OP drives a black Dodge dually?
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  #60  
Old 11-14-2018, 06:57 AM
elkhunter11 elkhunter11 is online now
 
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The charges were likely the result of what the OP told the officer, if he admitted to a violation, whether intentional or not, he can expect to be charged. It's really that simple.
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