Hunting at Night in Ontario:

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

Receiving a hunting ticket or summons does not automatically mean you will be convicted. Read every document carefully and pay attention to any response deadline or required court appearance.

A summons is a court document requiring you to attend court on the date shown.  Paying a ticket will generally be treated as pleading guilty and will result in a conviction, so make sure you understand the charge before deciding how to respond.

Which Common Hunting Charge Matches Your Ticket or Summons?

Select the linked heading that most closely matches the wording on your ticket, summons, seizure notice, or other documents.

Hunting Without a Licence

This charge alleges that you hunted wildlife without holding the licence required for the species, season, residency class, or hunting activity involved.

Hunting Without an Outdoors Card

This charge may involve not holding a valid Outdoors Card, failing to carry the required proof, or failing to produce it when requested during an inspection.

Hunting Without a Tag

This charge may involve hunting without the required species tag, using the wrong tag, using another person’s tag, or failing to properly complete or use a valid tag.

Hunting During a Closed Season

This charge, which is also commonly described as hunting out of season, alleges that you hunted before the applicable season opened, after it closed, or outside the season authorized for the species, Wildlife Management Unit, hunting method, or hunter category involved.

Hunting Without Permission

This charge alleges that you hunted on private property without obtaining the permission required from the owner or occupier.

Trespassing While Hunting

This charge may involve entering or remaining on private property without lawful authority while hunting or carrying hunting equipment.

Hunting at Night

This charge generally alleges that you hunted during prohibited nighttime hours.  It may also involve shining a light for the purpose of hunting or possessing a firearm at night in circumstances prohibited by Ontario law.

Hunting From a Vehicle

This charge may involve hunting, pursuing, chasing, or attempting to take wildlife from a car, truck, ATV, snowmobile, or another vehicle in circumstances prohibited by Ontario law.

Hunting From a Boat

This charge may involve hunting, pursuing, chasing, or attempting to take wildlife from a boat in circumstances prohibited by Ontario law.

Hunting Too Close to a Road

This charge may involve hunting, possessing a loaded firearm, or discharging a firearm from, across, or too close to a public road or right of way.

Hunting Too Close to a Dwelling

This charge may involve hunting or discharging a firearm too close to a home, occupied building, or another location protected by provincial or municipal rules.

Careless Hunting

This charge generally alleges that hunting or the handling or discharge of a firearm created an unreasonable risk to people or property.

Illegal Possession of Wildlife

This charge may involve possessing, receiving, storing, processing, transporting, or controlling wildlife that was allegedly killed, captured, obtained, or retained contrary to Ontario law.

Is Every Hunting Charge the Same?

No.  Each hunting charge has its own legal requirements, evidence, and possible consequences.

Many Ontario hunting offences arise under the Fish and Wildlife Conservation Act, 1997 and its regulations.  However, the wildlife involved, location, season, licence or tag held, equipment used, and conduct being investigated may all affect which offence applies.

The exact wording and section number on your ticket or summons are important.  Charges arising from the same incident must still be considered separately.

Can One Hunting Incident Lead to Multiple Charges?

Yes.  One hunting incident may result in several separate charges if multiple legal requirements were allegedly not met.

For example, one investigation could involve allegations concerning a hunting licence, Outdoors Card, required tag, closed season, private property, vehicle, firearm, or possession of wildlife.

Each charge may involve different legal requirements and consequences.  Review every charge listed on your documents rather than assuming they all mean the same thing.

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

Yes.  Certain hunting charges may be laid even if no wildlife was shot, injured, captured, or killed.

Ontario law defines hunting broadly.  Depending on the circumstances, hunting may include lying in wait for wildlife, searching for wildlife, following its trail, pursuing or chasing it, shooting at it, capturing it, or harassing it.

A person may also face charges involving a firearm, artificial light, vehicle, private property, licence, tag, or closed season even where no animal was harvested.

Whether your conduct legally amounted to hunting depends on what you were doing, why you were doing it, and the evidence available.

What Penalties Can Follow a Hunting Conviction?

A hunting conviction may involve more than paying a fine. The possible consequences depend on the offence, the number of charges, and the circumstances of the case.

Possible consequences may include:

• Fines, a victim fine surcharge, and court costs;
• A required court appearance;
• Suspension, cancellation, or restriction of hunting privileges;
• Cancellation of licences, tags, or other authorizations;
• Seizure or forfeiture of wildlife, firearms, vehicles, boats, ATVs, or hunting equipment; and
• Probation, imprisonment, or other court orders where permitted by law.

A conviction means that a court has found you guilty or that you have pleaded guilty to the offence.  The amount printed on a ticket may not represent every consequence that could follow.

Could Your Property Be Seized?

In some cases, yes. Ontario law may allow a Conservation Officer to seize property during an investigation where the legal requirements for seizure are met.

Seized property may include wildlife, firearms, ammunition, vehicles, boats, ATVs, electronic devices, or hunting equipment.

Seizure means the property has been taken and held by enforcement authorities.  It does not automatically mean the property will be permanently lost.

Forfeiture means ownership of the property is permanently taken away under a court order or another lawful process.  Whether property is returned or forfeited depends on the applicable law and the outcome of the case.

When Should You Get Legal Advice?

Prompt legal advice may be especially important if you received a summons, several charges were laid, property was seized, your hunting privileges may be affected, or you disagree with the facts alleged by the Conservation Officer.

Legal advice may also help if you are unsure whether paying a ticket will result in a conviction, whether you must attend court, or what consequences could affect your hunting privileges or property.

How DefendCharges.ca Can Help

DefendCharges.ca can review the hunting charge, the documents you received, and the circumstances surrounding the allegation.

Legal assistance may include explaining the charge in plain English, identifying possible consequences, reviewing the available evidence, discussing your legal options, and helping you respond to the matter.

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

• Use the wording on your ticket or summons to identify the charge that most closely matches your situation.
• Receiving a hunting ticket or summons does not automatically mean you will be convicted.
• Paying a ticket will generally be treated as pleading guilty and will result in a conviction.
• Hunting during a closed season is also commonly described as hunting out of season.
• One hunting incident may result in several separate charges.
• A person may face certain hunting charges even if no wildlife was shot or killed.
• Each charge has its own legal requirements, evidence, and possible consequences.
• A conviction may affect hunting privileges or seized property in addition to any fine.

Conclusion

Common hunting charges in Ontario can involve licences, Outdoors Cards, tags, closed seasons, private property, nighttime hunting, vehicles, boats, roads, dwellings, careless conduct, and possession of wildlife.

Every hunting charge is different.  Selecting the linked heading that matches your ticket or summons will take you to a detailed page explaining that allegation, the law that may apply, the possible consequences, and what may happen next.

If you are uncertain which charge applies, are facing several allegations, or are concerned about court, hunting privileges, or seized property, consider obtaining legal advice before deciding how to proceed.