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Hunting, Fishing, and Wildlife Offences

Hunting and fishing are deeply rooted traditions in Ontario, valued for recreation, cultural heritage, and sustainable food sourcing. However, these activities are governed by a detailed legal framework that balances public safety, conservation, and responsible resource management. Understanding the law is critical — not only for avoiding penalties, but also for ensuring that Ontario’s fish and wildlife resources remain healthy for future generations.

The primary provincial statute regulating fishing, hunting, and trapping in Ontario is the Fish and Wildlife Conservation Act, 1997. This act sets out licensing requirements, seasons for hunting and fishing, bag limits and size limits, prohibitions on hunting certain species, rules on methods and equipment, and penalties for non-compliance. Regulations under the FWCA provide detailed rules for specific species and geographic locations. The federal Fisheries Act applies across Canada and focuses on protecting fish and fish habitat. It covers prohibition on harming fish habitat, rules around pollution and obstruction of waterways, and commercial fishing regulation. Some hunting activities, such as those involving migratory birds, may also fall under federal jurisdiction via the Migratory Birds Convention Act, 1994.

Conservation officers of the Ministry of Natural Resources and Forestry are provided the authority to enforce these laws. In addition to MNR conservation officers, the OPP and municipal police services assist with investigations involving firearms offences, trespassing, or public safety concerns. The Canada Border Services Agency (CBSA) may also enforce import/export regulations for wildlife products.

Common Hunting Offences

While the specific charges vary, the following are some of the most common hunting-related offences in Ontario:

  • Hunting Without a Licence
    • All hunters (with few exceptions) must have a valid Outdoors Card and the correct licence for the species they are hunting.
    • Some species require additional tags or validation.
  • Hunting During a Closed Season
    • Each species has an open and closed season, which can vary by Wildlife Management Unit (WMU).
    • Hunting outside these dates is prohibited.
  • Exceeding Bag or Possession Limits
    • Bag limits specify how many animals can be harvested in a day.
    • Possession limits govern the total number of a species that can be in your possession at any one time.
  • Hunting Protected or Specially Protected Wildlife
    • Some species cannot be hunted at all, except under specific permits or Aboriginal harvesting rights.
  • Trespassing While Hunting
    • Hunting on private property without permission can lead to both FWCA and Trespass to Property Act charges.
  • Use of Prohibited Hunting Methods
    • Examples include spotlighting, using prohibited bait, or hunting from a moving vehicle.
  • Careless Use of a Firearm
    • This offence often overlaps with Criminal Code firearms charges and can lead to both provincial and criminal consequences.

Common Fishing Offences

Ontario’s fishing regulations are also detailed and vary by zone. Frequent offences include:

  • Fishing Without a Licence
    • Recreational fishing requires a licence unless you are exempt (e.g., under a certain age or during a licence-free event).
  • Exceeding Catch or Possession Limits
    • Fish species have specific daily catch and possession limits that vary by zone.
  • Fishing During Closed Seasons
    • Some fish species have closed seasons to protect spawning populations.
  • Keeping Undersized Fish
    • Many species have minimum size limits; keeping undersized fish is prohibited.
  • Using Prohibited Gear
    • Certain nets, traps, or baitfish are not allowed in recreational fishing.
  • Selling Fish Without Authorization
    • Selling fish caught under a recreational licence is illegal.

POTENTIAL PENALTIES

Failure to comply with the regulations set forth within the FWCA can result in severe fines, license suspensions, seizure and forfeiture of firearms, boats, and other equipment, and potentially jail time. The potential penalties significantly vary depending upon the offence committed. For example, unlawfully discharging a firearm from a vehicle may result in a fine up to $25,000 and or 1 year of jail time while fishing without a license may result in a fine up to $200. Additional penalties may include permanent or temporary license prohibitions, court-ordered education or retraining, and forfeiture of game or fishing equipment.

WHAT THE CROWN HAS TO PROVE

To secure a conviction, the Crown must prove that the accused actually committed the prohibited act and that the act occurred in violation of the law or regulation. In most cases, the Crown does not need to prove the intention to commit the offence.

POTENTIAL DEFENCES

1. Insufficient Evidence

  • Crown must link the accused clearly to the offence (e.g., mere presence or suspicion is not enough)

2. Due Diligence

  • The accused took reasonable care to comply with the law (e.g., believed they had a valid licence, or followed all safety and environmental rules)

3. Authorized Activity

  • The accused had proper licences, permits, or government authorization, but the Crown misinterpreted their scope

4. Indigenous Rights

  • The activity (e.g., hunting, fishing) was authorized by the accused’s Indigenous community and protected under Section 35 of the Constitution. These rights may override certain provincial regulations but may still require compliance with conservation measures. Courts carefully examine these cases, and rights-based defences can be complex.

5. Charter Violations

  • If your rights under the Canadian Charter of Rights and Freedoms were violated (e.g., unlawful search or seizure), evidence may be excluded.

HOW WE CAN HELP

Hunting and fishing offences may seem “minor” but can have serious and lasting consequences. Glass Gavel Law can help by:

  • Reviewing the offence notice or summons for legal flaws
  • Explain the charges, penalties, and options
  • Analyze the disclosure (evidence) and identify weaknesses in the Crown’s case
  • Negotiating a reduced penalty or withdrawal when possible
  • Raising legal or procedural defences
  • Ensuring your rights are protected during the process.

Don’t go to court alone. Contact Glass Gavel Law today if you have been charged with an offence under the Fish and Wildlife Conservation Act by calling 1 (833) 344-2835 for a free, 30 minute consultation!