Hunting Deer at Night in Ontario:

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

Read every document carefully and do not miss the response deadline or court date. Paying a ticket will usually be treated as pleading guilty and will result in a conviction without a trial.  A summons requires you to attend court or respond in the manner stated.

Before deciding how to respond, check:

• The exact wording and section number of every charge;
• The alleged date, time, location, and Wildlife Management Unit;
• The official sunset and sunrise times for that location and date;
• Whether a firearm, bow, light, vehicle, or hunting equipment was involved;
• What you allegedly did before, during, and after the prohibited hours;
• Whether a deer or other property was seized; and
• The response deadline or required court date.

Keep your ticket or summons, hunting documents, maps, photographs, messages, GPS information, dash-camera or trail-camera recordings, and seizure documents.  Consider obtaining legal advice before paying a ticket, entering a plea, or giving an additional written or recorded statement.

Should I Pay the Ticket?

Paying the ticket will generally be treated as a guilty plea and will result in a conviction. Before paying, make sure you understand which subsection of section 20 was used, the alleged time and location, and the conduct the officer says amounted to hunting deer at night.

A ticket for hunting wildlife at night is legally distinct from a ticket for possessing a firearm at night or shining a light for the purpose of hunting.  One incident may produce several charges, but each must be assessed separately.

Hunting at Night

This broader charge applies to wildlife generally.  This deer-specific page focuses on allegations that the nighttime activity was directed toward white-tailed deer.

What Is Hunting Deer at Night?

Hunting deer at night generally means engaging in conduct that legally amounts to hunting deer during the period from half an hour after sunset until half an hour before sunrise.

Ontario uses a broad definition of hunting.  Hunting includes lying in wait for, searching for, being on the trail of, pursuing, chasing, or shooting at wildlife, whether or not the wildlife is killed, injured, captured, or harassed.  It also includes capturing or harassing wildlife.

The definition contains an important qualification.  Searching for, trailing, waiting for, or pursuing wildlife for a purpose other than attempting to kill, injure, capture, or harass it is generally excluded unless the wildlife is actually killed, injured, captured, or harassed as a result.  The person’s purpose and the surrounding circumstances may therefore be central to the case.

Because the definition is broad, the issue is not limited to whether someone fired a shot.  A person may be accused of hunting deer at night based on alleged searching, tracking, pursuing, waiting, illuminating an area, handling a firearm, or coordinating with other members of a hunting group.

The prosecutor must still connect the accused person’s conduct to hunting deer.  Merely being outdoors, driving in deer country, carrying lawful equipment, or travelling after dark does not automatically prove that a person was hunting.

What Hours Are Considered Nighttime?

For this offence, the prohibited nighttime period generally begins half an hour after sunset and ends half an hour before sunrise. Hunting is ordinarily permitted only from half an hour before sunrise until half an hour after sunset, subject to the applicable season and all other legal requirements.

For example, if official sunset at the relevant location is 6:00 p.m., the prohibited period begins at 6:30 p.m.  If official sunrise the next morning is 7:00 a.m., the prohibited period ends at 6:30 a.m.

Official sunrise and sunset times change every day of the year. They also vary by location.  A time for Toronto, Ottawa, Thunder Bay, or another distant city may not accurately establish the time at a rural hunting location.

The exact location, date, time source, and accuracy of the recorded time may matter.  A phone clock, vehicle clock, watch, GPS unit, photograph, or officer’s notes should not automatically be assumed to show the same time or to be perfectly accurate.

Before hunting, check reliable local sunrise and sunset information for the date and location involved.  The annual Ontario Hunting Regulations Summary should also be reviewed because exceptions and species-specific rules may apply to activities other than deer hunting.

What Law Applies?

Section 20 of Ontario’s Fish and Wildlife Conservation Act, 1997 prohibits a person, during the period from half an hour after sunset until half an hour before sunrise, from:

• Hunting wildlife;
• Possessing a firearm in an area usually inhabited by wildlife unless the firearm is unloaded and encased; or
• Shining a light for the purpose of hunting wildlife.

These are related but distinct allegations.  The wording and section number on the ticket or summons should be checked carefully.  A person accused of hunting deer at night may also face a separate charge involving a firearm, artificial light, vehicle, road, licence, tag, or possession of wildlife.

A firearm is not limited to a rifle or shotgun under the Act.  The statutory definition also includes an air gun, pellet gun, bow, and crossbow.  Whether a particular device was loaded, unloaded, or properly encased depends on the applicable legal definition and the facts.

These are regulatory offences.  The prosecutor may not have to prove mens rea—Latin for “guilty mind” [the legally required mental element]—in the same way required for many criminal offences.  Section 101 of the Act nevertheless provides that a person must not be convicted if the person establishes that they exercised all due diligence to prevent the offence or honestly and reasonably believed in facts that, if true, would make the conduct innocent.

Due diligence means taking all reasonable care to prevent the offence.  The precise mental element and the application of either statutory defence depend on the wording of the charge, the evidence, and the circumstances.

What Must Be Proven?

The prosecutor must prove every required element of the particular charge beyond a reasonable doubt. Beyond a reasonable doubt is the high standard of proof required for a conviction; the accused does not have to prove innocence.

For an allegation of hunting deer at night, the prosecutor will generally try to prove:

• The accused person’s identity;
• The date, time, and location of the alleged activity;
• That the activity occurred from half an hour after sunset until half an hour before sunrise;
• That the person engaged in conduct that legally amounted to hunting;
• That the wildlife being hunted was a deer, or that the conduct was directed toward deer; and
• That the conduct satisfied the remaining requirements of the precise provision charged.

Identity can be disputed where several people were present, vehicles were moving, visibility was poor, or an officer observed events from a distance.  Time may be disputed where clocks differed, the alleged conduct occurred close to the half-hour boundary, or the exact location used to calculate sunset was inaccurate.

The meaning of the conduct is often central.  The prosecutor may rely on several actions together to argue that the person was searching for, pursuing, waiting for, or shooting at deer.  The defence may argue that the same actions had an innocent explanation and did not legally amount to hunting.

Section 109 of the Act also creates an evidentiary rule.  Proof that a person possessed a firearm or another hunting device in an area usually inhabited by wildlife is proof, in the absence of evidence to the contrary, that the person was hunting.  This does not make conviction automatic, but it may require careful attention to the reason for possessing the equipment and the surrounding evidence.

How Are Sunrise and Sunset Times Proven?

The exact legal boundary depends on the sunrise or sunset time for the relevant date and location. A general estimate that it was “dark” or “still light out” does not necessarily establish whether the alleged activity occurred inside the prohibited period.

Section 110 of the Fish and Wildlife Conservation Act, 1997 allows two specific forms of evidence to prove sunrise and sunset times unless evidence to the contrary is presented: a certificate appearing to be signed by an astronomer or astrophysicist, or a written confirmation certified by the Herzberg Institute of Astrophysics at the National Research Council of Canada.

Other evidence may still be relevant to the recorded time and location of the alleged conduct.  Officer notes, dispatch records, GPS data, photographs, videos, phone records, and clock accuracy may be important, especially when the incident allegedly occurred close to the half-hour boundary.

Can You Be Charged if No Deer Was Shot or Killed?

Yes.  A deer does not have to be shot, injured, or killed for a hunting-at-night charge to be laid. Ontario’s definition of hunting includes searching for, tracking, pursuing, chasing, lying in wait for, capturing, harassing, or shooting at wildlife, whether or not the wildlife is killed, injured, captured, or harassed.

For example, an allegation may arise where officers believe a person was slowly driving roads while searching fields, using a light to locate deer, following tracks, waiting at a known deer crossing, or moving into position with a firearm during prohibited hours.

The absence of a dead or injured deer does not end the case, but it may affect the evidence.  The prosecutor still needs evidence connecting the person to prohibited hunting activity and, for a deer-specific allegation, connecting that activity to deer.

Can You Possess a Firearm After Dark?

In an area usually inhabited by wildlife, a firearm possessed from half an hour after sunset until half an hour before sunrise must generally be unloaded and encased. The current Ontario Hunting Regulations Summary explains that “encased” means enclosed on all six sides.

For this purpose, the Act’s definition of a firearm includes a rifle, shotgun, air gun, pellet gun, bow, and crossbow.  The loading rules differ by device.  For example, a crossbow is considered loaded when it is cocked and has a bolt in it, while another bow is considered loaded when it is strung and an arrow is nocked.

The firearm-possession allegation under section 20(1)(b) is distinct from hunting wildlife at night under section 20(1)(a).  A person may therefore be charged over the condition or casing of a firearm even if no deer was seen, pursued, or shot.

The exact location also matters because the firearm rule applies in an area usually inhabited by wildlife.  The evidence may include the surrounding habitat, nearby fields or bush, the reason for being there, how the firearm was stored, and whether a statutory or regulatory exception applies.

What Does Shining a Light for Hunting Mean?

Section 20(1)(c) prohibits shining a light during the prohibited nighttime period for the purpose of hunting wildlife. The issue is not merely whether a light was used, but whether it was used for a hunting purpose.

Headlights, spotlights, flashlights, mounted lights, or other sources of illumination may become evidence.  Using a light for travel, safety, recovery, repairs, or another lawful purpose does not automatically establish this offence, although the surrounding circumstances may be important.

The shining-light allegation is separate from hunting wildlife at night and possessing a firearm at night.  A person may face one or several section 20 charges arising from the same incident.

Does Travelling With a Harvested Deer After Dark Mean You Were Hunting at Night?

No.  Travelling after dark with a deer that was lawfully harvested during legal hunting hours does not automatically prove night hunting. A hunter may need time to track, recover, field dress, tag, and transport a deer after the lawful shooting time has ended.

The important question is what the person was doing during the prohibited nighttime period.  Evidence that the shot occurred before the legal deadline, followed by a genuine recovery and transportation process, may be different from evidence suggesting that searching for or pursuing live deer continued after the deadline.

Other rules still apply.  Firearms may need to be unloaded and encased, the deer must be tagged as required, and the possession and transportation of the deer must be lawful.  See Illegal Transportation of Deer and Illegal Deer Possession.

Can Hunting From a Vehicle Lead to Additional Charges?

Yes.  A night-hunting investigation can produce several separate charges from the same incident. The prosecutor may allege that a vehicle was being used to search for or pursue deer or that a firearm was loaded, accessible, or discharged from the vehicle.

A person may also face allegations about discharging a firearm from a vehicle, possessing a loaded firearm in or on a vehicle, shooting from or across a road, or possessing illegally obtained wildlife.  Each charge has its own legal requirements and must be assessed separately.

Hunting From a Vehicle

This charge may focus on using a vehicle to chase, pursue, harass, capture, injure, or kill wildlife, or on a loaded firearm or discharge from a vehicle.

Hunting Too Close to a Road

This charge may focus on the location of a firearm or shot in relation to a travelled roadway or another regulated right of way.

What Common Situations Lead to This Charge?

Hunting-deer-at-night charges may arise from many different circumstances, including allegations that a person:

• Continued tracking or pursuing a live deer after legal hunting hours ended;
• Waited near a field, trail, bait site, or deer crossing during prohibited hours;
• Drove slowly while scanning fields, bush lines, or roadsides for deer;
• Used headlights, a spotlight, a flashlight, or another light to locate deer;
• Handled or discharged a firearm after the legal deadline;
• Participated in a group hunt where another person allegedly pursued or shot at a deer; or
• Claimed to be recovering a deer when officers believed the person was still hunting live deer.

A common situation is not proof of guilt.  The surrounding facts—including communications, equipment, direction of travel, timing, observations, and the explanation for being in the area—must be considered together.

What Is the Fine?

The set fine depends on which nighttime offence is written on the ticket. The total payable amount may be higher after the victim fine surcharge and applicable court costs are added.

Current Ontario set fines include:

• The set fine is $250 for unlawfully hunting at night under section 20(1)(a);
• The set fine is $150 for unlawfully possessing a firearm at night under section 20(1)(b); and
• The set fine is $250 for unlawfully using a light to hunt at night under section 20(1)(c).

If several charges were laid, each may carry a separate fine.  A summons or court proceeding may produce a different result depending on the charges, circumstances, prior record, and orders sought by the prosecutor.

Under section 102(1) of the Fish and Wildlife Conservation Act, 1997, the general maximum penalty for an individual convicted of an offence under the Act is a fine of up to $25,000, imprisonment for up to one year, or both. These are statutory maximums, not the automatic or usual result in every case.

A court may also make an order affecting a person’s ability to hold a hunting licence or engage in licensed hunting activity.  See Hunting Licence Suspensions.

What Evidence Is Commonly Used?

Night-hunting cases often depend on evidence about time, location, conduct, equipment, and the purpose of the activity. The prosecutor may rely on several categories of evidence.

Officer and Witness Evidence

• Conservation Officer observations, notes, reports, photographs, and recordings;
• Statements from hunters, passengers, residents, landowners, or other witnesses; and
• Statements allegedly made by the person charged.

Time and Location Evidence

• Official sunrise and sunset information for the date and location;
• Dispatch, GPS, phone-location, vehicle, camera, or electronic timestamps; and
• Maps, roads, property boundaries, fields, trails, and observation locations.

For section 20 charges, the prosecutor may also rely on the special forms of sunrise-and-sunset proof recognized by section 110 of the Act.

Hunting and Equipment Evidence

• Firearms, ammunition, bows, lights, optics, calls, and other equipment;
• Whether a firearm was loaded, unloaded, encased, or accessible;
• Licences, tags, Licence Summaries, and hunting-group communications; and
• A deer, blood, tracks, hair, cartridges, projectiles, or other physical evidence.

Evidence must be assessed for reliability and context.  Poor visibility, distance, obstructions, inaccurate timestamps, assumptions about what a person intended, and innocent explanations for equipment or travel may all matter.

What Possible Defences or Legal Issues May Apply?

The available defence depends on the exact allegation and evidence. Possible issues may include:

• The alleged conduct occurred outside the prohibited nighttime period;
• The time, date, or location used to calculate sunset or sunrise was inaccurate;
• The person was not hunting and had an innocent reason for being in the area;
• The evidence did not connect the alleged activity specifically to deer;
• The accused was misidentified or another person controlled the firearm, light, or vehicle;
• The person was lawfully recovering or transporting a deer harvested during legal hours; or
• For a firearm allegation, the firearm was unloaded and encased as required.

Section 101 may prevent conviction if the accused establishes due diligence or an honest and reasonable belief in facts that, if true, would make the conduct innocent.  Due diligence may involve reasonable steps to determine the correct local time, stop hunting before the deadline, unload and encase equipment, or otherwise prevent the offence.

Simply saying that you did not know the law or did not know the exact legal hunting time is not necessarily a defence.  However, an honest and reasonable mistake about a fact—such as the actual time, location, condition of the firearm, or nature of the activity—may require careful legal analysis.

Evidence may also raise issues about the legality of a stop, detention, search, seizure, or statement.  A legal professional can review disclosure—the evidence the prosecutor intends to rely upon—to determine which issues are genuinely supported.

Could Deer, Firearms, Vehicles, or Hunting Equipment Be Seized?

Yes.  A Conservation Officer may seize wildlife or other property where the applicable legal requirements are met. Depending on the circumstances, this may include a deer, firearm, bow, light, vehicle, phone, camera, GPS device, or other hunting equipment.

Seizure means that property has been taken into official custody. Forfeiture means that ownership is permanently lost.  Seizure does not automatically mean that the property will be forfeited.

Keep every seizure notice, receipt, and property record.  The legal basis for the seizure, continued detention, return, or possible forfeiture depends on the property and the circumstances.

What Happens Next?

If you received a ticket, the document should state your response options and deadline.  Paying the ticket will usually result in a guilty plea and conviction.  If you received a summons, you must attend court or respond as directed.

After a court appearance or trial request, the defence can request disclosure.  Disclosure may include officer notes, reports, photographs, videos, witness statements, maps, time calculations, electronic data, and records relating to seized property.

The case may be resolved by withdrawal, a guilty plea, a negotiated resolution, or a trial.  The result depends on the admissible evidence, the elements of each charge, any available defence, discussions with the prosecutor, and the court’s findings.

How Can DefendCharges.ca Help?

DefendCharges.ca can review the charge wording, the alleged time and location, the applicable sunrise and sunset information, and the evidence connecting you to hunting deer.

DefendCharges.ca can request and review disclosure, identify factual and legal issues, communicate with the prosecutor, explain possible outcomes, and represent you during the court process where permitted.

If one incident led to several charges, each allegation should be reviewed separately.  A night-hunting charge may overlap with allegations involving a vehicle, artificial light, firearm, road, tag, licence, or possession of deer.

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 decide on the best course of action.  Contact us today to discuss your situation.

Key Takeaways

• Ontario generally prohibits hunting deer from half an hour after sunset until half an hour before sunrise.
• Official sunrise and sunset times change every day and vary by location.
• A deer does not have to be shot or killed for a night-hunting charge to arise.
• Possessing a firearm that is not unloaded and encased in an area usually inhabited by wildlife may be a separate nighttime offence.
• Travelling with a lawfully harvested deer after dark does not automatically prove that you were hunting at night.
• One incident may lead to separate charges involving a light, firearm, vehicle, road, licence, tag, or possession of wildlife.
• The prosecutor must prove every required element of each charge beyond a reasonable doubt.

Conclusion

A hunting-deer-at-night charge depends on more than the fact that a person was outdoors after dark.  The exact time, location, conduct, equipment, and evidence connecting the activity to hunting deer must be examined carefully.

Start with the wording and section number on your ticket or summons, preserve the available records, and do not miss the response deadline or court date.  If several charges arose from the same incident or property was seized, consider obtaining legal advice before deciding how to respond.