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Old 02-13-2012, 12:01 AM
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canadiantdi canadiantdi is offline
 
Join Date: Dec 2011
Location: On top of sphagetti
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I was thinking that it was strange that they were allowed to search you just based on a tip from another angler. I would think that they would be able to make contact with you to investigate, but need some sort of probable cause to go ahead and conduct such an intrusive search. But then I looked at the alberta fisheries act and it looks like they can search you whenever they want! Yikes! He just has to believe, on reasonable grounds, that either fish or fishing equipment are contained there (ice fishing tent, vehicle etc)

Am I the only one who finds it unreasonable that they can conduct such an invasive search without gaining probable cause from an initial investigation?

I know in your case you were cooking and had fish remains, but checking your engine bay, wifes purse etc?


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27(1) A fishery officer or fishery guardian may,

(a) on obtaining a warrant, or

(b) without a warrant if the officer or guardian believes on reasonable and probable grounds that it is not practical to obtain a warrant because the necessary delay may result in the loss of evidence,

search for fish and fishing equipment in any vehicle, aircraft, boat or other watercraft or railway car, or in any business premises, building, tent or structure unless it is used as a private dwelling, when, on reasonable grounds, the officer or guardian believes that fish or fishing equipment is contained there.
(2) A fishery officer or fishery guardian may require the operator or person in possession of a vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container to produce all fish and fishing equipment in or on the vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container for the purpose of inspection and to determine the number, species and size of the fish and to ascertain whether the fish are fit for human consumption, diseased or infested with parasites, if

(a) any fish or fishing equipment in or on the vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container is in plain view of the officer or guardian, or

(b) the officer or guardian believes, on reasonable and probable grounds, that the vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container contains or is carrying fish or fishing equipment.

(3) A fishery officer or fishery guardian may require the owner or occupant of any business premises, building, tent or other structure that is not used as a private dwelling to produce all fish and fishing equipment in the business premises, building, tent or structure for the purpose of inspection and to determine the number, species and size of the fish and to ascertain whether the fish are fit for human consumption, diseased or infested with parasites, if

(a) any fish or fishing equipment in the business premises, building, tent or other structure is in plain view of the officer or guardian, or

(b) the officer or guardian believes, on reasonable and probable grounds, that the business premises, building, tent or other structure contains fish or fishing equipment.

(4) When a fishery officer or fishery guardian requires a person to produce fish or fishing equipment for inspection under this section, that person shall forthwith produce all fish and fishing equipment in or on the vehicle, aircraft, boat or other watercraft, railway car, animal, pack, container, business premises, building, tent or other structure to the officer or guardian.

Last edited by canadiantdi; 02-13-2012 at 12:08 AM.
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