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View Full Version : Where can I find legislation dealing with harassing people fishing?


archerynut
05-02-2019, 05:54 PM
Hey everyone. I'm sure at some point some of us have been heckled or harassed by someone who thought we were not supposed to be fishing. I'd like to find out where I can find this information spelling it out specifically. Also trying to find info on the high water line and whether or not I'm allowed to fish within it. I plan to keep this information in my fishing bag just in case. Thanks.

DougC
05-02-2019, 05:58 PM
It's in the fishing regulations if they ever come out with a printed copy for this year...

Mumbles
05-02-2019, 07:56 PM
It's in the fishing regulations if they ever come out with a printed copy for this year...

They’ve been out since at least this past Tuesday.

dodger
05-03-2019, 05:54 AM
Canadian Tire has them.

Weedy1
05-03-2019, 06:33 AM
There's some info on page 26 here:

http://www.albertaregulations.ca/2019-Alberta-Fishing-Regs.pdf




.

archerynut
05-03-2019, 05:04 PM
Yah there is a blurb in the printed regs about being respectful of private property and those sorts of things. I'm looking for the actual language from the applicable act that spells it out explicitly. I'll do some looking through the wildlife act and see if I can find what I'm looking for. Thanks everyone.

Weedy1
05-03-2019, 06:09 PM
There's this from the Criminal Code :

Criminal harassment

264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

Prohibited conduct

(2) The conduct mentioned in subsection (1) consists of

(a) repeatedly following from place to place the other person or anyone known to them;

(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

(d) engaging in threatening conduct directed at the other person or any member of their family.

Punishment

(3) Every person who contravenes this section is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction.

Factors to be considered

(4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened

(a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or

(b) the terms or conditions of any other order or recognizance made or entered into under the common law or a provision of this or any other Act of Parliament or of a province that is similar in effect to an order or recognizance referred to in paragraph (a).

Reasons

(5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.

JReed
05-03-2019, 06:37 PM
Check the local bylaws, I'm sure there's something in regards to impeding the recreation of others

338Bluff
05-03-2019, 08:10 PM
Hey everyone. I'm sure at some point some of us have been heckled or harassed by someone who thought we were not supposed to be fishing. I'd like to find out where I can find this information spelling it out specifically. Also trying to find info on the high water line and whether or not I'm allowed to fish within it. I plan to keep this information in my fishing bag just in case. Thanks.

How do you feel you were harassed while fishing. Any examples?

archerynut
05-04-2019, 09:24 AM
well there is one time that comes to mind, I know theres been others but this is the one I remember the clearest. I was fishing the bow river upstream a ways of pearce estate park. Close to where the bike path veers off into a residential area. One of the yuppies that lives along the river sees me working my way up the bank casting close to shore. Says to me "you're not allowed to fish here this is private property." I responded to this older gentleman that he does not own the river or the river bank and that I am allowed to access the river below the high water mark. Didn't believe me so I told him to call fish and wildlife and let them sort it out. Walked off in a huff and didn't do anything. Also informed him about the legality of harassing a fisherman or hunter. He didn't like that either. I have encountered this man a couple times. Another home owner next door saw our interaction and explained that this man has always thought he could control the river bank. She invited me back and told me I can fish out back of her property any time I please. Also been harassed at Carburn Park by someone who thought fishing was not allowed because it is a park pond. Had to set them right. But having the actual legal language printed out from a government website I feel would shut these people down faster than me trying to explain why I know I'm right. I like to be prepared thats all.

Weedy1
05-04-2019, 12:05 PM
well there is one time that comes to mind, I know theres been others but this is the one I remember the clearest. I was fishing the bow river upstream a ways of pearce estate park. Close to where the bike path veers off into a residential area. One of the yuppies that lives along the river sees me working my way up the bank casting close to shore. Says to me "you're not allowed to fish here this is private property." I responded to this older gentleman that he does not own the river or the river bank and that I am allowed to access the river below the high water mark. Didn't believe me so I told him to call fish and wildlife and let them sort it out. Walked off in a huff and didn't do anything. Also informed him about the legality of harassing a fisherman or hunter. He didn't like that either. I have encountered this man a couple times. Another home owner next door saw our interaction and explained that this man has always thought he could control the river bank. She invited me back and told me I can fish out back of her property any time I please. Also been harassed at Carburn Park by someone who thought fishing was not allowed because it is a park pond. Had to set them right. But having the actual legal language printed out from a government website I feel would shut these people down faster than me trying to explain why I know I'm right. I like to be prepared thats all.

I doubt either of those encounters would meet the definition of harassment in the Criminal Code. Could you explain what you mean in regards to the legality of harassing a fisherman or hunter.

archerynut
05-04-2019, 01:58 PM
my initial inquiry was not regarding whether or not what I experienced amounted to harassment as it pertains to the criminal code. there is legal language that deals with the harassment and heckling of people who are rightfully/legally fishing and/or hunting. subjectively, I have felt harassed to the point where I feel I need to have some type of hard copy to shut people up. that's all.

fishinisgood
05-04-2019, 02:00 PM
I doubt either of those encounters would meet the definition of harassment in the Criminal Code. Could you explain what you mean in regards to the legality of harassing a fisherman or hunter.

It totally feels like harassment when you have a landowner acting like they own everything they see. Hate the feeling of explaining myself when I haven’t left the creek that I am fishing in that they don’t own it.

Kim473
05-06-2019, 08:58 AM
One year some people were fishing close to our property. No problem with that until one of them decided that they would fish off our peer. Well the kids play in the water, we water ski from from the shore. We don't need someone to step on a fish hook. Needless to say they were not gonna leave and argued with me about fishing off my peer. I pulled out the chain saw and told them if they didn't get off our peer they were gonna get wet cause I was gonna start cutting the legs off the peer. They left in a hurry.

Weedy1
05-08-2019, 05:26 PM
my initial inquiry was not regarding whether or not what I experienced amounted to harassment as it pertains to the criminal code. there is legal language that deals with the harassment and heckling of people who are rightfully/legally fishing and/or hunting. subjectively, I have felt harassed to the point where I feel I need to have some type of hard copy to shut people up. that's all.

Archery, have you had any luck finding the legal language that deals with the harassment and heckling of people who are rightfully/legally fishing and/or hunting you were referring to?

Weedy1
05-09-2019, 05:44 AM
There's this, which didn't become law:

Bill C-655 (Historical)
An Act to amend the Criminal Code (interference with hunting, trapping, fishing or sport shooting)

https://openparliament.ca/bills/41-2/C-655/

https://www.parl.ca/DocumentViewer/en/41-2/bill/C-655/first-reading/page-24