Quote:
Originally Posted by wind drift
The Wildlife Act speaks only to the act of hunting generally and the discharge of firearms, which bows are not. The Petty Trespass Act speaks only to entry without permission and immediately complying with a request to leave by a landowner. I believe that request could be made for any reason, including the wearing of red boots. The only chargeable offences identified are entry without permission and not leaving when asked.
So, if I interpret those acts correctly, the ACA can request hunting by bow only, but in the absence of a prohibition against firearms discharge at the place in question, can not have someone charged under either act if found hunting with a firearm. However, they can request anyone not complying with their rules to leave.
All that said, while it’s important to know where the law starts and ends, it’s more important to do what’s right. If the landowner wants no red boots or no guns, then respect their rules if you want to enjoy the privilege of access.
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Given your theory how is anyone ever charged under Section 38 of the Wildlife Act?
Farmer = ACA in this case
Lets say a Farmer can hunt with a rifle on his own property as there is no firearms usage regulation for the area other than the 200 meter rule. Does that mean everyone can now hunt on the property with a rifle? You need to understand that the landowner (ACA) has made it known that on that property hunting with a rifle is not the same as hunting with a bow.
Let's say the ACA was approached by a group which organizes hunts for less fortunate youth, maybe youth with physical limitations. And let's say the site in questions has great trails and access. Do you think that the ACA has the authority to issue that group a 1 time special permission to use firearms at that site and in addition close the site to any other users for that 1 day? You bet they can because they are the landowner.
The only thing a land owner can not do is promote or allow illegal activity on his property. And as long it is not illegal than a land owner can make whatever rules he want concerning access. And if there are rules pertaining to hunting activities (bow, rifle, spear, whatever) then section 38 of the Wildlife Act gives a charge sections for persons hunting on land without permission. And the ACA signage states persons using a rifle do not have permission to hunt that site.