Hunting or Trapping Specially Protected Wildlife in Ontario:

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Last Updated: September 13 2026

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Question: I got a ticket in Ontario for hunting or trapping specially protected wildlife, what should I do before my court date?

Answer: If you received a summons for hunting or trapping specially protected wildlife in Ontario, stop and preserve every document and any seized items, because the prosecution must identify the exact species and prove you hunted or trapped that specifically classified wildlife under Ontario’s Fish and Wildlife Conservation Act, 1997, s. 5(1), and you may have limited authorization or factual defences depending on your licence and the incident.  Don’t ignore the deadline or miss the required court date, and avoid simply paying if the species classification or evidence link is unclear.  DefendCharges.ca™ can have a paralegal review the offence wording, section, and the Conservation Officer’s materials with you, and help you plan next steps and potential defences by calling (647) 559-3377.

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Hunting or Trapping Specially Protected Wildlife in Ontario

Received a hunting ticket or summons for Hunting or Trapping Specially Protected Wildlife in Ontario?  You have been charged with a provincial offence under Ontario hunting law.  The charge concerns whether you hunted or trapped wildlife that Ontario law places in a specially protected legal category.

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.  The identity of the species, what you were doing, whether the evidence establishes hunting or trapping, and whether any legal authorization or defence applies can all be important to your case.

This page explains what a Hunting or Trapping Specially Protected Wildlife charge means, what specially protected wildlife means, what must be proven, the current fine, evidence that may matter, possible defences and legal issues, property consequences, and what may happen next.  This offence is part of Hunting Method & Firearm Charges.

I Received a Hunting or Trapping Specially Protected Wildlife Ticket or Summons.  What Should I Do?

Read every document carefully and do not miss the response deadline or required court date.  A summons is a court document requiring you to attend court or respond as directed.  Your documents may describe the offence as Hunt specially protected wildlife or Trap specially protected wildlife.

Start with the exact offence wording and section number.  A hunting charge and a trapping charge arise under the same general prohibition, but the conduct relied upon by the prosecutor may be different.

Keep your ticket, summons, hunting or trapping documents, photographs, videos, GPS information, maps, messages, firearm or trap information, species identification records, and documents provided by the Conservation Officer.  Record what wildlife was involved, where it was seen or found, what you were doing, what equipment was present, and who handled or controlled that equipment.

If wildlife, a firearm, traps, a vehicle, electronic devices, or other property was taken, keep any seizure notice or property receipt.  A seizure means property has been taken into official custody.  Preserve potentially important evidence and do not alter, dispose of, or delete it in a way that could affect your case.

Should I Pay the Ticket?

Paying the ticket will generally be treated as pleading guilty and will result in a conviction.  A conviction means a finding of guilt.  Before paying, review whether the wildlife was legally classified as specially protected, whether the evidence establishes that you hunted or trapped it, and whether an authorization, exception, or defence may apply.

The amount printed on the ticket is not necessarily the only possible consequence.  Hunting or trapping privilege consequences, wildlife and equipment seized during the investigation, possible forfeiture, and any additional charges arising from the same incident may also need to be considered.

What Is Hunting or Trapping Specially Protected Wildlife?

This charge concerns hunting or trapping wildlife that Ontario law classifies as specially protected.  The prohibition is found in subsection 5(1) of the Fish and Wildlife Conservation Act, 1997.

Specially protected wildlife is a legal category.  It includes certain species of mammals, birds, reptiles, amphibians, and invertebrates that Ontario places in specially protected wildlife categories under its wildlife schedules.  Examples include bats and flying squirrels, many hawks and owls, blue jays and common ravens, many turtles and snakes, and salamanders.

In plain English, an invertebrate is a creature without a backbone.  Whether particular wildlife falls within the specially protected category depends on its legal species classification, not simply on whether someone commonly describes it as rare, protected, or unusual.

For a hunting charge, Ontario uses a broad meaning of hunting.  Hunting can include lying in wait for, searching for, being on the trail of, pursuing, chasing, or shooting at wildlife where the activity is undertaken in an attempt to kill, injure, capture, or harass it.  It also includes capturing or harassing wildlife.

For a trapping charge, a trap includes a body-gripping trap, box trap, cage trap, or net used to capture an animal or invertebrate.  The evidence must connect you to trapping conduct involving the specially protected wildlife identified in the charge.

This offence is different from unlawfully hunting with a specially protected raptor or other bird of prey.  In this charge, the specially protected wildlife itself is the wildlife said to have been hunted or trapped.  Other firearm, equipment, and hunting method offences are organized within Hunting Method & Firearm Charges.

How Do I Know Whether the Wildlife Was Specially Protected?

The species classification is an important part of this charge.  Ontario law identifies specially protected wildlife through its statutory definitions and Ontario Regulation 669/98, Wildlife Schedules.

The prosecutor's case therefore depends on identifying the wildlife involved and establishing that the species fell within a specially protected category at the relevant time.  Photographs, video, the animal itself, biological evidence, Conservation Officer observations, expert identification, or other records may become important where the species is disputed.

A hunting licence for game wildlife does not give a general right to hunt specially protected wildlife.  The important question is the legal status of the particular species involved in your charge.

Are There Exceptions or Authorizations?

Ontario law contains limited circumstances in which conduct involving specially protected wildlife may be legally authorized.  Whether one applies depends on the species, activity, licence or authorization, and exact facts of the case.

For example, Ontario's wildlife in captivity rules allow certain falconry licence holders to hunt or trap specified specially protected raptors from the wild in limited circumstances and subject to specific conditions.  If your charge involves a raptor taken for falconry, the licence, species, date, and compliance with those conditions may be important.

Section 31 of the Fish and Wildlife Conservation Act, 1997 can also make the section 5 prohibition inapplicable where wildlife is lawfully harassed, captured, or killed to protect property.  That authority is limited, restrictions for particular species and other conditions apply, and it does not create a general permission to hunt or trap specially protected wildlife.

A regular hunting or trapping licence does not by itself create an exception to the specially protected wildlife prohibition.

What Law Applies?

The principal rule is subsection 5(1) of Ontario's Fish and Wildlife Conservation Act, 1997.  It prohibits hunting or trapping specially protected wildlife.

The Act defines specially protected wildlife as specially protected amphibians, birds, invertebrates, mammals, and reptiles.  Ontario Regulation 669/98, Wildlife Schedules, identifies the species prescribed within those categories.

Section 5 also contains rules involving other wild birds that are not game birds.  Those can result in separate short form offence wording.  If your ticket specifically says Hunt specially protected wildlife or Trap specially protected wildlife, the legal classification of the species identified in your case is particularly important.

What Must Be Proven?

The prosecutor, meaning the lawyer or representative presenting the government's case, must prove every required part 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 of hunting or trapping specially protected wildlife under subsection 5(1), the prosecution will generally need evidence establishing that:

• You were the person involved;
• The wildlife involved belonged to a species legally classified as specially protected wildlife;
• You hunted or trapped that wildlife, depending on the wording of your charge; and
• The conduct occurred on the date and at the location identified in the charge.

The central dispute may therefore involve species identification, whether your activity legally amounted to hunting or trapping, who controlled the firearm or trapping equipment, what wildlife was being pursued or trapped, or whether the evidence connects you to the particular conduct.

Ontario also has an evidentiary rule that can matter in hunting and trapping cases.  Possession of a firearm, trap, decoy, or other hunting or trapping device in an area usually inhabited by wildlife can be proof of hunting or trapping in the absence of evidence to the contrary.  The surrounding circumstances and contrary evidence can therefore be important.

If you rely on a licence, authorization, exception, exemption, or qualification, a separate burden can apply.  The Fish and Wildlife Conservation Act, 1997 places the burden on a defendant to prove a licence when a licence is relied upon as a defence, and Ontario's Provincial Offences Act generally places the burden of proving an authorization, exception, exemption, or qualification that operates in the defendant's favour on the defendant.

Does the Wildlife Have to Be Killed?

No.  A hunting charge does not require proof that the wildlife was actually killed.  Ontario's definition of hunting includes conduct such as searching for, pursuing, chasing, shooting at, capturing, or harassing wildlife in the circumstances covered by the definition.

A trapping charge also does not depend on the wildlife being killed.  The exact trapping conduct, trap or net involved, and whether the evidence connects you to trapping the specially protected wildlife remain important.

What Common Situations Lead to This Charge?

The Wildlife Was Encountered During Another Hunt

The charge may involve specially protected wildlife encountered while you were lawfully hunting another species.  The species involved and your actual conduct toward the specially protected wildlife may be important.

The Wildlife Was Pursued or Shot At but Not Killed

The charge can be based on hunting conduct even where the wildlife escaped or no shot connected.  The issue may be whether your conduct amounted to hunting and whether the wildlife was a specially protected species.

Specially Protected Wildlife Entered a Trap Set for Another Species

The charge may involve a trap set for lawfully trappable wildlife that captured specially protected wildlife instead.  The target species, trap type and placement, steps taken to avoid other wildlife, and what happened after the capture may matter.

Several People or Pieces of Equipment Were Present

More than one hunter, trapper, firearm, trap, or vehicle may have been present when the Conservation Officer investigated the incident.  Who controlled the equipment and whose conduct involved the specially protected wildlife may become important.

The Species Classification Was Disputed

The charge may depend on whether the wildlife was correctly identified as a species listed in Ontario's specially protected schedules.  Photographs, video, biological evidence, physical characteristics, location, and expert identification may be relevant.

What Is the Fine?

The current Ontario set fine for "Hunt specially protected wildlife" under subsection 5(1) is $200.  The current set fine for "Trap specially protected wildlife" under the same subsection is also $200.  A set fine is the preset fine used when an offence is dealt with by ticket.

The $200 set fine is not necessarily the total amount payable.  A victim fine surcharge is an additional amount Ontario adds to a fine after conviction.  Applicable court costs may also be added.

The set fine is different from the maximum penalty available after conviction.  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 set by law and are not the automatic or usual result of an ordinary ticket for this charge.

Different maximum penalty provisions can apply where an offence was committed for commercial purposes.  That is a separate issue that depends on the circumstances of the case.

Can This Charge Affect My Hunting or Trapping Privileges?

A hunting or trapping licence cancellation or prohibition is not automatic simply because you have been charged.  A charge is not a conviction.

After conviction, Ontario law can permit the court to make an order affecting a licence or authorization related to the offence.  Whether such an order is made depends on the legal requirements and circumstances and should be considered separately from the amount of the ticket.

What Evidence May Be Used?

These cases often depend on species identification and evidence showing what you were doing with the wildlife.  Relevant evidence may include:

• The wildlife itself, photographs, video, biological evidence, expert information, and other evidence identifying the species;
• Conservation Officer notes, observations, photographs, recordings, species identification, and seizure records;
• Firearms, ammunition, traps, nets, bait, decoys, or other hunting or trapping equipment and evidence showing where or how it was used;
• GPS information, maps, property information, photographs, videos, and other location evidence;
• Hunting, trapping, falconry, or other licences and authorizations that may apply;
• Messages, calls, photographs, social media content, and other electronic records concerning the wildlife or activity; and
• Witness evidence and statements attributed to you or other people present, including evidence showing what wildlife was being hunted or trapped and who controlled the equipment.

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 depends on the exact species, the hunting or trapping activity, and the available evidence.  Not every defence or legal issue applies to every case.

The Wildlife Was Not a Specially Protected Species

The prosecution must establish the legal species classification relied upon for the charge.  Where identification is uncertain or disputed, photographs, biological evidence, expert information, location, physical characteristics, or other identification evidence may be important.

You Were Not Hunting or Trapping the Wildlife

Your activity may not satisfy the legal requirements for hunting or trapping.  The presence of wildlife, a firearm, a trap, or other equipment does not necessarily answer every issue, although Ontario's statutory proof rules may affect how the evidence is considered.

The Evidence Does Not Connect You to the Conduct

Several hunters, trappers, firearms, traps, or people may have been present.  The evidence must connect you to the hunting or trapping conduct relied upon for your particular charge.

A Legal Authorization or Exception Applied

A specific licence, authorization, falconry provision, property protection provision, or other legal authority may matter in limited circumstances.  The exact document and every condition relevant to the activity should be reviewed where an authorization is relied upon.

Due Diligence or an 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 means honestly and reasonably believing facts that, if true, would make the conduct innocent.  Ontario law recognizes these defences where their legal requirements are established.

A factual mistake might involve the identity of the species, what wildlife was being pursued, whether a particular trap had captured an unintended animal, or another relevant fact.  A mistake about a fact is different from simply not knowing that the law protected the species.

Evidence, Search, Seizure, or Statement Issues

The circumstances of a stop, inspection, search, seizure, wildlife examination, or statement may raise separate legal issues.  Disclosure should be reviewed to determine whether the evidence is accurate, reliable, complete, and lawfully usable in the case.

Could the Wildlife, Firearm, Traps, or Other Property Be Seized or Forfeited?

Yes, where the legal requirements are met.  Conservation Officers can seize wildlife and other property in circumstances authorized by Ontario wildlife law.  Depending on the investigation, this may include wildlife, firearms, ammunition, traps, nets, electronic devices, vehicles, or other property connected with the charge.

Seizure does not itself establish that you are guilty.  Forfeiture means permanent loss of ownership and is different from temporary seizure.

Following a conviction under the Fish and Wildlife Conservation Act, 1997, wildlife seized in connection with the offence is subject to forfeiture to the Crown.  A court may also order forfeiture of other property seized in connection with the offence where the statutory requirements are met.

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 species identification evidence, hunting or trapping activity, firearm or trap evidence, Conservation Officer observations, photographs, electronic records, statements, and any licence, authorization, exception, or defence that may apply.

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

• A Hunting or Trapping Specially Protected Wildlife charge concerns wildlife that Ontario law places in a specially protected legal category;
• Species identification can be central because the prosecution must establish that the wildlife was legally classified as specially protected;
• Hunting is broader than killing wildlife, and a hunting charge does not require a successful kill;
• A regular hunting or trapping licence does not by itself authorize hunting or trapping specially protected wildlife, although limited legal authorizations or exceptions can apply;
• Ontario's statutory proof rules can make possession of hunting or trapping equipment in an area usually inhabited by wildlife evidence of hunting or trapping in the absence of contrary evidence;
• The current set fine is $200 for hunting specially protected wildlife and $200 for trapping specially protected wildlife; and
• Species evidence, equipment, Conservation Officer observations, electronic records, authorizations, and the circumstances of any seizure may be important to the case.

Conclusion

Your Hunting or Trapping Specially Protected Wildlife charge should be reviewed using the exact offence wording, species involved, what you were doing, the equipment used, Conservation Officer evidence, and any licence or legal authorization that may apply.  The presence of protected wildlife or hunting equipment does not by itself resolve every issue in the case.

Before paying the ticket or entering a plea, review the species identification, evidence of hunting or trapping, disclosure, possible authorizations or defences, property issues, and potential consequences.  Legal representation can help determine what the prosecutor must prove and whether the available evidence establishes the charge.