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9K views 107 replies 15 participants last post by  Waye Out There 
#1 ·
I'm an NS lawyer. If you have questions about particular charges or regulations, please PM me and I may be able to provide you with a free consultation.
 
#3 ·
Greasy way of soliciting business imo? Besides, most (if not all) people charged with wildlife offences are quilty and deserve what they get and more.
 
#4 ·
come on now nomad, the guy has only made 2 posts, lets show him some love shall we. you think maybe there's any chance he might be pullin our leg?
 
#10 ·
We had some very good lawyers about 30 years ago that were well schooled on the wildlife act. They were very hard to beat and many cases got thrown out over technical grounds .
 
#11 ·
We had some very good lawyers about 30 years ago that were well schooled on the wildlife act. They were very hard to beat and many cases got thrown out over technical grounds .
Below is an article from New Brunswick about conviction rates. It was 14% for "major" charges. Many were dropped before even getting to trial, but even after that the percentage it not good. So, there must be some good lawyers left out there.

http://www.cbc.ca/news/canada/new-brunswick/fish-wildlife-violations-laws-convictions-1.3344197

I think it would be great if Nova Scotia appointed a special prosecutor for Wildlife Act charges. They did that recently for Occupational Health and Safety, and it is working well to have a dedicated person.

I do not practice in this area, but I agree with WOT that the regs are hard to interpret. This makes is difficult on both defence counsel and prosecutors, and in some cases more so on prosecutors because they have the burden of proving the law has been broken, which is tough to do when you have trouble giving a clear explanation of the law. "Well judge, the intent of the law in this case is to deter...." is a tough way to start any argument.

John
 
#15 ·
Trapper Gary

Can I set a colony trap within 182m of a residence without permission of the owner occupier? Please provide the section of the regulations that support your answer.

And just for shits and giggles can you please give me the definition of a highway as it applies to the wildlife act and associated regulations. Again please provide the reference for this definition.

You tell me are the regs that complicated?
 
#18 ·
Trapper Gary

Can I set a colony trap within 182m of a residence without permission of the owner occupier? Please provide the section of the regulations that support your answer.

And just for shits and giggles can you please give me the definition of a highway as it applies to the wildlife act and associated regulations. Again please provide the reference for this definition.

You tell me are the regs that complicated?
No you can't
Summary clearly says no hunting with in 182 m ,

Regulations are clear on what a forest is were you can hunt freely.

There are regulations what and where you have to do.on a high way

Some ones woods road is not a public high way. The person that maintains the woods road do so at there own expense. Your walking down my woods road your not in a place descriped as forest area. That's how I see it
 
#19 ·
No you can't
Summary clearly says no hunting with in 182 m ,

Regulations are clear on what a forest is were you can hunt freely.

There are regulations what and where you have to do.on a high way

Some ones woods road is not a public high way. The person that maintains the woods road do so at there own expense. Your walking down my woods road your not in a place descriped as forest area. That's how I see it
What happens when your hunting or trapping on a old unmaintained rd. as a K class Gov. rd ?
 
#22 · (Edited by Moderator)
What happens when your hunting or trapping on a old unmaintained rd. as a K class Gov. rd ?
A government road is a government road. It does not matter if trees are growing on it. It's deeded to the province and us listed on tbe map as such. That means they could fix it up , plow etc if they want . we had a case were a logger opened up such a road . The lake residence try to stop him , but he was well with in his rights to use it.

Hunting or traoping regulations apply to these roads as well as motorized vehicle regulations.
 
#23 ·
No you can't
Summary clearly says no hunting with in 182 m ,

Regulations are clear on what a forest is were you can hunt freely.

There are regulations what and where you have to do.on a high way

Some ones woods road is not a public high way. The person that maintains the woods road do so at there own expense. Your walking down my woods road your not in a place descriped as forest area. That's how I see it
Trapper Gary

Please read the first part of the summary where it tells you to refer to the regulations lol

What part of the Summary clearly states no hunting within 182m? Can I place a live trap within 182m? Does this agree with the regulations?

What regulations define what a highway is? You are correct the regulations contain the word Highway in several places but does not tell you what a highway is.

So please tell us what the definition of a highway is.
 
#24 ·
A government road is a government road. It does not matter if trees are growing on it. It's deeded to the province and us listed on tbe map as such. That means they could fix it up , plow etc if they want . we had a case were a logger opened up such a road . The lake residence try to stop him , but he was well with in his rights to use it.

Hunting or traoping regulations apply to these roads as well as motorized vehicle regulations.
So what is the definition of a highway? The regulations do not use the word road they use "highway"
 
#25 ·
We don't need Camp 101 we got WOT ! Lol
If more people actually took the time to read the actual regulations and asked the correct people for clarification we would not need a lawyer to interpret the regulations.

It should be very clear what is meant by every word used in a regulation so everyone is on the same track and know if something is illegal or not. It simply cannot be left up to an enforcement officer to decide what the meaning of a certain word is.
 
#26 ·
Our regulations have come about because of test to the system. Example deer jacking .First if you were caught shinning a light with a rifle you got charged. Then some one figure out keep the light away from the rifle. Easy to do with modern scopes.
Then they added the regulation shinning a light was an offence.

The objective of regulations is based on safety and fair chase.

So now we're at the point of internet. You can actually read a thread like this and not be a member

I'm thinking if some one in government feels the original objective of fair chase or safety is being comprised to the extent of a lot of uncertainty, hunting will turn into what the oil patch does. While you might have the licence to work , your required by further regulation to take regular upgrading.

But for the most part , a while ago we had posted 1200 charges over 4 years. When you look at the over all big picture of the number of person hrs in the field , then the regulations must be fairly well accepted and under stood.
 
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