retrieval of deer in Ontario

[one shot scott]

This is unfortunate news.

[ch312]

the land owner does not have to give you or a co permission to retrieve the animal. the only chance something illegal could come up is if you decide to go get the deer anyways. 100% within a landowners rights to deny access.

this is why it is a really bad idea to be hunting near property lines...

[watamach]

We do not have the right or are required to retrieve an animal by law in Ontario. If you shoot an animal you must have landowner permission to retrieve that animal period. The misconception is you call the MNR and they will come escort you on the property and veto no permission from landowner. The idea of calling the MNR serves 2 purposes....1. You are making your best attempt tp recover an animal and in the requirements of law have done what you can. 2. The MNR officer is not a hunter and a gov't official therefore a landowner may justify a search from this person (if you get lucky) The MNR may plead with the landownwer that they will remove the animal because leaving a carcass is not a pleasant sight and/or it attracts scavengers. If you have ever contacted the MNR before you know the likelyhood of finding one in some spots is impossible. The MNR in SWO is pretty lean with cutbacks and such.

Landowners have the final say always.

[Sliver]

the land owner does not have to give you or a co permission to retrieve the animal. the only chance something illegal could come up is if you decide to go get the deer anyways. 100% within a landowners rights to deny access.

this is why it is a really bad idea to be hunting near property lines...

yep,,,, had a situation myself one time near a property line.... not good

[deer jamie]

YES he can stop you from finding your animal.. if he wants he can look for it himself..... we were told years ago from a co if we shoot a deer and it travels on a nebours proporty and he will not let us go find it we were to call him and he would talk to the person and if he did not lest us go or he himself go look for it he would look into charging him for letting game animal spoil...
but all the owner has to realy do is walk the land and say did not find it ..

2 years ago a guy shot a deer and it ended up on a nebours yard he went to get it off the front yard and the woman stopped him and said that is now my deer he called the cops and the warden and she got to keep the animal he was sol

yup he can deny you taking the game he wil own it. as per searching iam not 100% convinced that legaly you can be denied if there is evedence that the animal is on his/her property. I would offer to assist in finding the animal and still give it to the landowener if he insits

[Tom]

I understand in ON because it is illegal to abandon your deer if the land owner doesnt allow you to retrieve it you can call the game warden or police and they must allow permission to go on their property.

The above statement is 100% incorrect. The land owner has the right to refuse anyone (other then a MNR officer) entry onto his/her property for any reason. All Ontario law requires you to do is that you do all you can to retrieve your wounded or dead animal. Someone that stops your from going to retrieve an animal stops you cold.

YES he can stop you from finding your animal.. if he wants he can look for it himself..... we were told years ago from a co if we shoot a deer and it travels on a nebours proporty and he will not let us go find it we were to call him and he would talk to the person and if he did not lest us go or he himself go look for it he would look into charging him for letting game animal spoil...
but all the owner has to realy do is walk the land and say did not find it ..

2 years ago a guy shot a deer and it ended up on a nebours yard he went to get it off the front yard and the woman stopped him and said that is now my deer he called the cops and the warden and she got to keep the animal he was sol

Other posts that the landowner has the right to keep the deer is also false. Wild game in Ontario is not owned by landowners so they have no right to any animal on their property. Years ago I hunted in the Hespler area in Ontario and one farmer would always stop hunters from getting deer that would go to his farm. He would then recover the deer and keep it himself. Well the MNR figured this out and went once and was going to charge him for not having tagged a deer properly and having too many deer in his possession. The MNR Officer ended up taking the dead deer, but could not give it back to the hunter as the land owner would not allow the hunter to retrieve it ...... the deer ended up being wasted ....... but the farmer did start to allow some hunters the right to retrieve animals.

Sad but some Laws do hinder in ethical hunting .... but please know your rights and do not enter onto anyone's land with out permission.

[LondonDave]

It sounds like the original question has been answered but if there is anything else you guys would like me to check with a CO regarding this matter or anything else let me know. It's very easy for me to speak directly to one through work.

Dave

[Mountain Man]

Hi all,

Awhile back, this was one of the questions I was asking myself. I wrote the MNR with two questions and thought you might like to see the answers.

The two questions were:

1) What are the rules for tracking a wounded deer on private property? Put another way, you shoot a deer on crown land and the blood trail leads to private property.

2) Assume you shoot a deer near dusk and the tracking of the deer takes hours. If you locate the deer after dark and it is not dead, are you allowed to shoot to kill it?


Here was the reply from the MNR(Ontario):



----- Original Message -----
From: NRIC, MNR (MNR)
Sent: Friday, September 18, 2009 9:55 AM
Subject: RE: MNR Website Inquiry: Hunting (English)


Thank you for your enquiry.



Per the Fish and Wildlife Conservation Act:

10. (1) A person shall not,

(a) enter premises in contravention of the Trespass to Property Act for the purpose of hunting or fishing;

(b) enter premises in contravention of the Trespass to Property Act in possession of a firearm, fishing rod or other hunting or fishing device;

(c) engage in hunting or fishing in contravention of the Trespass to Property Act;

(d) fail to leave premises in contravention of the Trespass to Property Act, if the person was on the premises for the purpose of hunting or fishing; or

(e) fail to leave premises in contravention of the Trespass to Property Act, if the person was on the premises in possession of a firearm, fishing rod or other hunting or fishing device.



A hunting licence does not give hunters the right to enter or cross private property even if they are trying to retrieve a deer they have shot.



Legislation puts the responsibility for avoiding wastage on to the hunter who kills and animal and person who subsequently takes possession of the animal (in whole or in part).



Where a hunter cannot retrieve their game without committing a trespass, the hunter would likely be exempted provided they could demonstrate that they did everything reasonable to prevent wastage of the animal (i.e. did not hunt immediately beside property for which they did not have permission, contacted the landowner for permission when animal ran into property, etc.)



There is no offence for a landowner who does not wish to take possession of an animal that dies on their property



Please go to http://www.e-laws.gov.on.ca/html/statut ... 0t21_e.htm to view the Trespass to Property Act.



The Fish and Wildlife Conservation Act is available at http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK12.



You must unload and encase firearms in your possession during the period from a

half-hour after sunset to a half-hour before sunrise. The only exception is for licensed night raccoon hunters.



We encourage anyone who is witness to a resource violation to contact the Ministry of Natural Resources TIPS line. They are available 24 hours a day, seven days a week by calling 1-877-847-7667



nric-web reader-he

[ch312]

Well my next step would call the local news and publicize the person who wouldnt allow me to go get my deer and letting meat rot! Even the antis would have a hayday with that one

that almost sounds like a good idea

[one shot scott]

seems Ive stirred the pot a bit here.

Lets face it, the fact the landowner has final say is a good one. What landowner would'nt want that. I beleive it comes down to the anti's not wanting a hunter to claim a deer at any cost. Even letting it rot if they have to. THAT part of the law I have a problem with.