Go Back   Alberta Outdoorsmen Forum > Main Category > Fishing Discussion

Reply
 
Thread Tools Display Modes
  #1  
Old 08-10-2014, 05:52 PM
fish gunner fish gunner is offline
Banned
 
Join Date: Mar 2010
Location: on a mishn for fishn.
Posts: 8,790
Cool

Quote:
Originally Posted by williell View Post
Just curious, if someone is convicted and fined for fishing without a licence, would it be considered a crime? If they're filing a job application form, and it comes to the question of whether or not they've ever been convicted of a crime without a pardon being granted, would one need to check the box to say they were caught fishing without a license?
Seriously you need to ask ??? Were you arrested, did you appear in court.? Have you had a speeding ticket ?? Wow dont mean to pick on ya but wow. No it is not a criminal offense.
Reply With Quote
  #2  
Old 08-10-2014, 08:28 PM
fluxcore's Avatar
fluxcore fluxcore is offline
 
Join Date: Apr 2008
Location: Alberta
Posts: 1,731
Default

I've fished withought a lincence when I was younger,,,,figured when I was 17 I could pass as 16 and I did even as 17 lol. As I got older I relized what's at risk and I maned up and have had a licence ever since, don't need a fine and it's peace of mind on the water.
Reply With Quote
  #3  
Old 09-04-2014, 02:56 PM
Okotokian's Avatar
Okotokian Okotokian is offline
 
Join Date: May 2007
Location: Uh, guess? :)
Posts: 26,739
Default

Quote:
Originally Posted by fish gunner View Post
No it is not a criminal offense.
That would have sufficed.
Reply With Quote
  #4  
Old 09-04-2014, 03:30 PM
CraigJ CraigJ is offline
 
Join Date: Sep 2014
Posts: 65
Default

Quote:
Originally Posted by fish gunner View Post
Seriously you need to ask ??? Were you arrested, did you appear in court.? Have you had a speeding ticket ?? Wow dont mean to pick on ya but wow. No it is not a criminal offense.

Actually yes he would have been under arrest. Not in the traditional sense of being placed in handcuffs, sitting in the back of a police car, having being read your charter right, etc, but in the legal sense that he is being detained by a peace officer, certain rights are being removed from him and he is not lawfully able to just walk away and leave. Yes if he did not admit guilt and pay the fine he would have been required to appear in court before a Justice of the Peace. If he did not complete either of these options by the date specified on the Summons, an arrest warrant would be issued and he WOULD then be arrested, handcuffed, read charter rights, etc.

For your own information when you are stopped for speeding you ARE under arrest. Just try taking off when you have been stopped and see what happens.

Personally I think it is better to ask than to not ask if you don't know something.
Reply With Quote
  #5  
Old 09-04-2014, 04:28 PM
Okotokian's Avatar
Okotokian Okotokian is offline
 
Join Date: May 2007
Location: Uh, guess? :)
Posts: 26,739
Default

Quote:
Originally Posted by CraigJ View Post
Actually yes he would have been under arrest. Not in the traditional sense of being placed in handcuffs, sitting in the back of a police car, having being read your charter right, etc, but in the legal sense that he is being detained by a peace officer, certain rights are being removed from him and he is not lawfully able to just walk away and leave. Yes if he did not admit guilt and pay the fine he would have been required to appear in court before a Justice of the Peace. If he did not complete either of these options by the date specified on the Summons, an arrest warrant would be issued and he WOULD then be arrested, handcuffed, read charter rights, etc.

For your own information when you are stopped for speeding you ARE under arrest. Just try taking off when you have been stopped and see what happens.

Personally I think it is better to ask than to not ask if you don't know something.
Speeding is not a criminal offence (which is what is being asked about I think) and you are not under arrest. Now trying to evade the police after you have been stopped is a criminal offence, but it's unrelated to the speeding. What job applications and other documents usually ask is "Have you been convicted of a criminal offence?" I think for speeding or a fishing license violation you can truthfully answer "No."
Reply With Quote
  #6  
Old 09-04-2014, 10:15 PM
CraigJ CraigJ is offline
 
Join Date: Sep 2014
Posts: 65
Default

Quote:
Originally Posted by Okotokian View Post
Speeding is not a criminal offence (which is what is being asked about I think) and you are not under arrest. Now trying to evade the police after you have been stopped is a criminal offence, but it's unrelated to the speeding. What job applications and other documents usually ask is "Have you been convicted of a criminal offence?" I think for speeding or a fishing license violation you can truthfully answer "No."
Correct speeding in not a criminal offence, but you ARE under arrest. The traffic safety act details the powers of arrest. Speeding is one of several traffic offences for which you can be arrested. I absolutely agree the answer to the question being asked should be no.
Reply With Quote
  #7  
Old 09-04-2014, 10:23 PM
fish gunner fish gunner is offline
Banned
 
Join Date: Mar 2010
Location: on a mishn for fishn.
Posts: 8,790
Cool

Quote:
Originally Posted by CraigJ View Post
Correct speeding in not a criminal offence, but you ARE under arrest. The traffic safety act details the powers of arrest. Speeding is one of several traffic offences for which you can be arrested. I absolutely agree the answer to the question being asked should be no.
Detained is not arrested , a police or F&W Officer can question any one they wish ...now run away tell us how that goez. Lol . one will always be arrested for a criminal offence when caught . The the officer can release you on your own recognizance. Criminal code covers crime not fishing and general traffic offences.
Reply With Quote
  #8  
Old 09-04-2014, 10:53 PM
CraigJ CraigJ is offline
 
Join Date: Sep 2014
Posts: 65
Default

Quote:
Originally Posted by fish gunner View Post
Detained is not arrested , a police or F&W Officer can question any one they wish ...now run away tell us how that goez. Lol . one will always be arrested for a criminal offence when caught . The the officer can release you on your own recognizance. Criminal code covers crime not fishing and general traffic offences.
Agreed. Detention and arrest are different but arrest is not limited to the criminal code. You can be arrested for bylaw or provincial offences as well. I never said fishing or traffic offences were criminal. Anyway I think this is getting way off topic.

I think the original poster is good to say 'no' when answering the question on the job application, as it relates to fishing with no license.
Reply With Quote
  #9  
Old 09-07-2014, 04:45 AM
Kim473's Avatar
Kim473 Kim473 is offline
 
Join Date: Jan 2010
Location: Edmonton
Posts: 6,470
Default

Quote:
Originally Posted by Okotokian View Post
Speeding is not a criminal offence (which is what is being asked about I think) and you are not under arrest. Now trying to evade the police after you have been stopped is a criminal offence, but it's unrelated to the speeding. What job applications and other documents usually ask is "Have you been convicted of a criminal offence?" I think for speeding or a fishing license violation you can truthfully answer "No."
Just see what happens to you when your caught speeding, 100 km /hr over the posted limit through a constuction zone or school zone.
__________________
Kim

Gonna get me a 16" perch.
Reply With Quote
  #10  
Old 09-11-2014, 03:13 PM
NEWB NEWB is offline
 
Join Date: Jun 2012
Location: Edmonton
Posts: 1,783
Default

Quote:
Originally Posted by Kim473 View Post
Just see what happens to you when your caught speeding, 100 km /hr over the posted limit through a constuction zone or school zone.

In Sherwood Park apparently nothing. You get a court appearance.

I suppose 100 km/h in a 30km/h school zone (70 over and just over 3 times the speed limit) is not enough to impound a car..

The precedence has been set..

http://globalnews.ca/news/1544813/sh...mh-in-30-zone/

But I digress…

Fishing with out a license is not something I want to do.

Fish and Wild life have a way of checking to see if your license is valid when it is not on your person.

The fines and potential loss of gear are not worth it. Also I have no issues paying a few dollars for a fishing licence every year.
Reply With Quote
  #11  
Old 09-11-2014, 03:23 PM
CraigJ CraigJ is offline
 
Join Date: Sep 2014
Posts: 65
Default

Quote:
Originally Posted by NEWB View Post
I suppose 100 km/h in a 30km/h school zone (70 over and just over 3 times the speed limit) is not enough to impound a car..
The government here needs to get off their butt and change the laws like they did in BC. Police don't have the authority to seize a vehicle in Alberta for a common speeding offence.
Reply With Quote
  #12  
Old 09-11-2014, 04:10 PM
Lefty-Canuck's Avatar
Lefty-Canuck Lefty-Canuck is offline
 
Join Date: Dec 2010
Location: Look behind you :)
Posts: 27,789
Default

Quote:
Originally Posted by CraigJ View Post
The government here needs to get off their butt and change the laws like they did in BC. Police don't have the authority to seize a vehicle in Alberta for a common speeding offence.
70 in a 30 is a common speeding offence? I think that exceeding double the speed limit or 50 over is considered dangerous driving and you can have your license yanked on the spot and your vehicle towed and impounded.

LC
__________________
Reply With Quote
  #13  
Old 09-11-2014, 04:15 PM
NEWB NEWB is offline
 
Join Date: Jun 2012
Location: Edmonton
Posts: 1,783
Default

Quote:
Originally Posted by CraigJ View Post
The government here needs to get off their butt and change the laws like they did in BC. Police don't have the authority to seize a vehicle in Alberta for a common speeding offence.
I had to read up on that.

Sadly you are correct. There are not any ways to impound for excessive speed.

I do support impounding for excessive speed for certain situations.

I don't want to derail this thread any further...

Back to fishing!
Reply With Quote
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -6. The time now is 04:36 PM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.