Hunting Big Game While Swimming in Ontario:

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Last Updated: September 13 2026

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Question: In Ontario, what should I do after getting a ticket or summons for hunt big game that is swimming?

Answer: If you received a ticket or summons for Hunt big game that is swimming in Ontario, pause before paying because it can be treated as a guilty plea, review the exact charge and section, and gather proof like photos or video showing whether the animal was actually swimming and your conduct at the precise moment, then get paralegal help to evaluate timing, identity, and whether big game hunting requirements were met under Fish and Wildlife Conservation Act, 1997, DefendCharges.ca™ can help you plan next steps by phone at (647) 559-3377 

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Hunting Big Game While Swimming in Ontario

Received a hunting ticket or summons for Hunting Big Game While Swimming in Ontario?  You have been charged with a provincial offence under Ontario hunting law.  This charge concerns whether you hunted a big game animal while the animal was swimming, not whether you were swimming.

Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.

Do not panic.  Being charged does not automatically mean you will be convicted.  Important issues can include whether the animal was actually swimming rather than standing or wading in water, whether it was legally big game, what you were doing at the relevant time, and when any shot or pursuit occurred.

This page explains what the charge means, what counts as big game, what Ontario means by hunting, what must be proven, the current fine, evidence that may matter, possible defences and legal issues, and what may happen next.  This offence is part of Hunting Method & Firearm Charges.

I Received a Ticket or Summons.  What Should I Do?

A summons is a court document requiring you to attend court or respond as directed.  Read every document carefully and do not miss the response deadline or required court date.

Check the exact offence wording and section number.  The current Ontario short-form offence is Hunt big game that is swimming under section 23 of the Fish and Wildlife Conservation Act, 1997.

Record what animal was involved, where you and the animal were located, what the animal was doing in the water, when any shot was fired, whether the animal had already been wounded, who else was present, and what the Conservation Officer said or observed.

Keep photographs, videos, maps, GPS information, hunting documents, witness information, firearm, bow or crossbow information where relevant, and any other evidence connected with the charge.  Do not delete or alter photographs, videos, GPS records, messages, or other electronic evidence that may help establish what happened.

Should I Pay the Ticket?

Paying the ticket will generally be treated as pleading guilty and will result in a conviction, meaning a finding of guilt.  Before paying, consider whether the evidence actually establishes that the animal was big game, that it was swimming, and that you were hunting it while it was swimming.

The amount on the ticket is also not necessarily the only possible consequence of a conviction.  The exact charge, any other charges arising from the same incident, and possible effects on hunting privileges should be considered before deciding how to respond.

What Is a Hunting Big Game While Swimming Charge?

Ontario law prohibits hunting big game while the animal is swimming.  The offence is about the condition of the animal at the time it was being hunted.

Big game is Ontario's legal category that includes black bear, woodland caribou, white-tailed deer, American elk, and moose.  Ontario's current hunting guidance explains the practical rule by stating that hunters may not hunt moose, elk, deer, or black bear while those animals are swimming.

Ontario defines hunting broadly.  It can include lying in wait for, searching for, being on the trail of, pursuing, chasing, or shooting at wildlife for the purpose described by the Fish and Wildlife Conservation Act, 1997.

The important questions are therefore whether the animal was big game, whether it was actually swimming, and whether your conduct amounted to hunting that animal at that time.  Other firearm, equipment, and hunting method offences are organized within Hunting Method & Firearm Charges.

What Does "Swimming" Mean for This Charge?

The Fish and Wildlife Conservation Act, 1997 does not provide a separate technical definition of swimming for this offence.  Whether the animal was actually swimming can therefore become an important factual issue.

An animal moving through water without standing on the bottom may clearly be swimming.  The situation can be less clear if the animal was standing in shallow water, walking along the bottom, or wading across a shallow part of a lake, river, pond, or other body of water.

If your charge involves that distinction, photographs, video, water depth, shoreline features, the animal's movement, witness observations, and Conservation Officer evidence may be important.

What Law Applies?

Section 23 of the Fish and Wildlife Conservation Act, 1997 states that a person shall not hunt big game while it is swimming.

The rule is a hunting method restriction.  Having the correct hunting licence, tag, or other authority for the animal does not by itself authorize hunting that animal while it is swimming.

The prohibition is also not limited to one particular hunting weapon.  The issue is whether the person was hunting swimming big game, not simply whether the person was using a rifle, shotgun, bow, or crossbow.

What Must Be Proven?

The prosecutor, meaning the lawyer or representative presenting the government's case, must prove the required parts of the charge beyond a reasonable doubt.  Beyond a reasonable doubt is the high legal standard that must be met before the court can find you guilty.

For a charge under section 23, the prosecutor may need to establish:

• Your identity as the person involved;
• That the animal was legally classified as big game;
• That the animal was swimming at the relevant time;
• That your conduct legally amounted to hunting that animal; and
• That the hunting occurred while the animal was swimming.

The case may therefore turn on a relatively narrow factual question: what was the animal doing at the precise time the hunting conduct occurred?

Does the Animal Have to Be Shot or Killed?

No.  The prosecutor does not have to prove that the animal was killed or even hit.

Ontario's definition of hunting can include shooting at, pursuing, or chasing wildlife in the circumstances described by the Act.  A missed shot at swimming big game can therefore still be relevant to this charge.

What If the Animal Entered the Water After I Shot at It?

The timing can be important.  If the animal was on land when the hunting conduct occurred and entered the water afterward, the earlier conduct did not occur while the animal was swimming.

However, if the Conservation Officer says you continued shooting at, pursuing, or chasing the animal after it began swimming, that later conduct may form the basis of the charge.

The same issue can arise when an animal was already wounded before entering the water.  Section 23 does not state an exception merely because the animal was already wounded.  The sequence of events should therefore be reviewed carefully.

What Is the Fine?

The current Ontario set fine for "Hunt big game that is swimming" under section 23 is $250.  A set fine is the preset fine used when the offence is dealt with by ticket.

The $250 set fine is not necessarily the total amount payable.  A victim fine surcharge and applicable court costs may also be added.

The set fine is different from the maximum penalty available under the Fish and Wildlife Conservation Act, 1997.  The general maximum penalty for an individual is a fine of up to $25,000, imprisonment for up to one year, or both.  Those are maximum penalties established by law and are not the automatic or usual result of an ordinary Hunting Big Game While Swimming ticket.

Can This Charge Affect My Hunting Privileges?

A hunting licence cancellation or prohibition is not automatic simply because you have been charged with Hunting Big Game While Swimming.  A charge is not a conviction.

After conviction, the court may make a discretionary order affecting a licence or authorization related to the offence and the activity requiring that licence or authorization.  Whether such an order is made depends on the circumstances.

What Evidence May Be Used?

The most important evidence often concerns what the animal was doing at the precise time the hunting occurred.  Relevant evidence may include:

• Conservation Officer notes, observations, photographs, videos, and recordings;
• Witness observations, statements, photographs, or videos;
• The species of animal and evidence showing its location, movement, and position in the water;
• Water depth, shoreline features, terrain, sight lines, weather, and other physical conditions affecting what could be observed;
• Maps, GPS information, electronic records, and evidence showing where you and the animal were located;
• The timing and sequence of any shots, pursuit, the animal entering or leaving the water, and any earlier wound; and
• Firearm, ammunition, bow, arrow, crossbow, bolt, statements, or other physical and electronic evidence connected with the incident.

Disclosure is the relevant information and evidence in the prosecutor's possession or control that you are entitled to receive, subject to the law.  Disclosure should be obtained and reviewed before important decisions are made about a disputed charge.

What Possible Defences or Legal Issues May Apply?

The defence usually depends on the animal's movement, the timing of the hunting activity, and the reliability of the available evidence.  Not every defence or legal issue applies to every case.

The Animal Was Not Swimming

The animal may have been standing, walking, or wading in shallow water rather than swimming.  Because section 23 specifically refers to big game while it is swimming, that factual distinction can be important.

The Hunting Occurred Before the Animal Entered the Water

The relevant shot or other hunting activity may have occurred while the animal was still on land, with the animal entering the water afterward.  The timing and sequence of events should be compared with the officer and witness evidence.

You Were Not Hunting the Animal While It Was Swimming

Seeing or observing an animal in the water does not by itself establish that you were hunting it.  The evidence must show conduct that falls within Ontario's legal meaning of hunting.

The Animal Was Not Big Game

Section 23 applies specifically to big game.  If species identification is genuinely disputed, photographs, video, witness evidence, and other physical evidence may become important.

The Observation Was Unreliable

The Conservation Officer or another witness may have observed the animal from a distance, through vegetation, in poor lighting, across rough water, or only briefly.  Photographs, video, maps, distances, sight lines, and other evidence may help assess what could actually be seen.

Due Diligence or Honest and Reasonable Mistake of Fact

Due diligence means taking all reasonable care in the circumstances to prevent the offence.  An honest and reasonable mistake of fact concerns an honest and reasonable belief in facts that, if true, would make the conduct innocent.  Ontario's Fish and Wildlife Conservation Act, 1997 recognizes these defences where their legal requirements are established.

For example, the evidence may raise an issue about whether you honestly and reasonably believed that the animal was standing or wading rather than swimming.  A mistake about the facts is different from simply not knowing the law.

What Happens Next?

Your ticket or summons should identify the next procedural step and any response deadline or court date.  Do not miss that deadline while obtaining legal advice, requesting disclosure, or deciding how to respond.

After disclosure is obtained, the charge can be compared with the animal involved, photographs and videos, water conditions, witness observations, GPS information, Conservation Officer notes, hunting equipment, and the timing of the hunting activity described in the charge.

The prosecutor may withdraw the charge, meaning the charge is no longer being pursued, or the matter may be resolved by a guilty plea or another agreement, or proceed to trial.  The appropriate response depends on the evidence, legal issues, possible consequences, and circumstances of your case.

How Can DefendCharges.ca™ Help?

DefendCharges.ca™ can review the wording on your ticket, summons, seizure notice, or other documents and compare it with the wildlife, records, and activity involved.  This can help identify the exact charge, the legal requirements that apply, and the factual issues that may be important to your case.

If the matter proceeds through court, DefendCharges.ca™ can explain the court process, review the available evidence and legal issues, discuss possible penalties or other consequences, and help you understand your options for responding to the charge.

Have Questions About Hunting Charges?

Whether you have been charged with one hunting offence or several, understanding your legal options is important.  DefendCharges.ca™ can review your case, explain the charges you are facing, and help you understand your legal options and the best course of action.  Contact us today to discuss your situation.

Key Takeaways

• Hunting Big Game While Swimming means hunting the animal while it is swimming, not that the hunter was swimming;
• Big game includes black bear, woodland caribou, white-tailed deer, American elk, and moose;
• The animal does not have to be killed or successfully hit for the charge to be proven;
• A central issue may be whether the animal was actually swimming rather than standing or wading in water;
• If the animal entered the water after an earlier shot, the timing of any later hunting activity may be important;
• The current set fine for Hunt big game that is swimming under section 23 is $250; and
• Photographs, videos, water conditions, witness observations, GPS information, and the timing of any shot or pursuit may be central to the case.

Conclusion

Your Hunting Big Game While Swimming charge should be reviewed using the exact animal involved, what the animal was doing in the water, when the hunting activity occurred, and what the Conservation Officer and other witnesses actually observed.  The central issue may be whether the evidence proves that you were hunting big game while the animal was swimming.

Before paying the ticket or entering a plea, review the exact offence wording, disclosure, photographs or videos, water conditions, timing, witness evidence, possible defences, and potential consequences.  Legal representation can help determine whether the evidence proves the charge.