Using someone else fishing license.

[GoneFishingEDM]

Hey guys, so I have a question. This weekend my daughter in law was out fishing and Fish and Wildlife came by. She doesn't have a fishing and panicked. She tried to pass off the license of someone else who wasn't fishing as her own. Needless to say she got caught. Both of them have a court appearance under

Authority to conduct activities under a licence
5.1(1) A person who is not the licence holder shall not conduct
any activity pursuant to a licence unless that person
(a) is the person who is identified in the instrument under
section 5(1.1) or (6), as the case may be, or
(b) is specifically authorized to do so by or under the Act or
this Regulation.
(2) The holder of a licence shall not allow the licence to be used by
another person in a manner that involves a contravention of
subsection (1).

First of all I already gave my daughter in law **** for not simply getting her license and second for trying to pass off someone else license as hers.

She's freaking out thinking this is a criminal charge and will carry a massive fine. I can't find anything online what the penalty is for either of the people involved in this. Does anyone know what the this carries and is it a criminal conviction?

[RavYak]

Sounds like she got lucky if only she is getting the ticket... Whoever let her use their license should have got that ticket and she should have got one for unauthorized sportfishing.

According to the following link it looks like it is only $75 fine which is pathetically low imo...

https://www.canlii.org/en/ab/laws/re...g-63-2017.html

Those are only a few of the fines(and covers the act you referenced). Others can be seen here.

http://laws-lois.justice.gc.ca/eng/r...e-12.html#h-40

I assume since you don't know the value already she has a mandatory court hearing regarding this case. In hopes of her learning her lesson I hope they give her more then the $75.

Hopefully you will step in and tell her not to fish next time if she still doesn't have her license.

As for the conviction I assume this is more like a speeding ticket then say a break and enter etc. Probably doesn't affect much of anything unless she gets caught again.

[GoneFishingEDM]

Thanks RavYak,

Both of them have an order to appear in court. I agree she got lucky, they could of hit her with the $57 fine for not having a license and court appearance for using someone's license.

This freaked her out pretty bad, so I'm sure she's learned her lesson at this point and won't be pushing her luck again.


Thanks again for the links.

[Willowtrail]

She should be proactive as well, Go buy a license and take the valid license to court to help her case.

[GoneFishingEDM]

Originally Posted by Willowtrail

She should be proactive as well, Go buy a license and take the valid license to court to help her case.

That's a great Idea. I will suggest that for sure.

[Talking moose]

Originally Posted by Willowtrail

She should be proactive as well, Go buy a license and take the valid license to court to help her case.

That's a good idea.

[DiabeticKripple]

Criminal charges only come from the criminal code I believe, so she should have been charged under the wildlife act and will just have to pay a fine

[Bigwoodsman]

Originally Posted by Willowtrail

She should be proactive as well, Go buy a license and take the valid license to court to help her case.

This
And get the licence PDQ. Don't wait until the day before court.

BW

[Ken07AOVette]

Originally Posted by Bigwoodsman

This
And get the licence PDQ. Don't wait until the day before court.

BW

I am struggling with this one. Is the reasoning that she is such an avid fisherman that she expects she is going to be fishing again before trial? I would think the Judge may think she is trying to pull a fast one, or will tell her that buying after the crime (it is) is pointless.
I would seriously think beyond the box on this one before buying another license.

[58thecat]

Originally Posted by GoneFishingEDM

Thanks RavYak,

Both of them have an order to appear in court. I agree she got lucky, they could of hit her with the $57 fine for not having a license and court appearance for using someone's license.

This freaked her out pretty bad, so I'm sure she's learned her lesson at this point and won't be pushing her luck again.


Thanks again for the links.

Some lessens in life need to be hard lessens, consider it all part of the learning curve...some do and some don't.

[Tom Pullings]

So they just happened to have someone else's fishing license with them and didn't take it with them planning to use it in case they got checked?

[Ken07AOVette]

Looks bad.

http://criminalnotebook.ca/index.php...ficer_(Offence)

If the Officer or Judge is in a bad mood, or she doesn't play her cards right,

Offences relating to public or peace officer
129. Every one who
(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,
is guilty of
(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction.
R.S., c. C-34, s. 118; 1972, c. 13, s. 7.

[JReed]

Don't buy a fishing licence before court, she's going to get a suspension, and it's not going to sway the judge.

Go to the crown before court, extend regret and tell them you've learned your lesson. Thats about all she can do

[Ken07AOVette]

Originally Posted by JReed

Don't buy a fishing licence before court, she's going to get a suspension, and it's not going to sway the judge.

Go to the crown before court, extend regret and tell them you've learned your lesson. Thats about all she can do

I agree with this totally. Anything else will make her look sneaky. Not what you want.

[Nederlager]

So many in today's society have twisted ideas of important things. I'd be happy to come and argue the case for her in front of the judge and tell him that society is over-regulated about nonsensical things. A fishing license for a young girl who is visiting. For sure, give her the electric chair!

[Talking moose]

Guessing the fishing without a licence part will yield a small fine and no suspension.
The misinformation part could get her in some hot water.


Sent from my iPhone using Tapatalk

[Talking moose]

Sent from my iPhone using Tapatalk

[Freedom55]

I'm betting that if we were discussing a foreigner or an person with swarthy skin then the tone would be completely different and there would be no forgiveness. Young women never appear on that radar screen.

[does it ALL outdoors]

Originally Posted by Freedom55

I'm betting that if we were discussing a foreigner or an person with swarthy skin then the tone would be completely different and there would be no forgiveness. Young women never appear on that radar screen.

Not much sympathy here on this forum for this young lady either. Her skin colour has not been disclosed, and is completely irrelevant

[pikeman06]

Nope. No sympathy. I got nailed when I was young fishing inside the boundary of a fish way and got my ass handed to me. That was over thirty years ago and still lost my gear and a fine and suspension. Very humbled that day dragging my parents and my cousins parents into court and the judge tore us a new you know what and I never messed with law since then. I had my license on me that day. Lesson learned. Smarten up.

[waterninja]

I hope she simply gets a fine and gets to move on with her life. Fishing without a license doesn't even rank up there with a rolling stop at a stop sign, running a yellow light, or a minor speeding ticket in my opinion. Who among us has never commited a minor vehicle infraction? I mean really, kids don't need a license and neither do seniors and thousands of other people. I don't think we can blame the decline/collapse of fishing in AB on this young lady.
As for the charge of misleading or obstructing a conservation officer, it sounds more like an act of desperation by a silly panicking kid then the deliberate lies of a hardened criminal.
Peace officers are experts at asking questions that can confuse and trip up someone they are questioning. They are also experts at telling when someone is lying. It's a pity the young lady didn't simply get her no licence for fishing ticket, rather then dragging her friend into it and allowing the CO to have a smorgasboard of ticketing options. A person should always try to be co-operative and answer a CO's questions, but even though you are not under oath, if you simply give an incorrect answer or statement to a CO then they can now slam you with a ticket or court apperance.
I too would like to know how this all plays out in the end. I would be very surprised if it dosen't end up with a fine for both ladies and a perhaps a one year fishing ban. I'm hoping OP lets us know how it turns out.
I don't agree at all with some of you who would like to see the book thrown at her, for a minor offence and some silly story. I'm betting she has learned her lesson. Criminal Record? Jail Time? Really?