Careless Hunting in Ontario:

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

Read every document carefully and do not ignore the response deadline or court date. A careless-hunting conviction may have consequences beyond the amount shown on a ticket, including mandatory cancellation of hunting licences and a court-ordered period during which you cannot hunt or obtain another hunting licence.

A ticket, formally called a Provincial Offence Notice, usually provides response options and a deadline.  Paying the ticket will generally be treated as pleading guilty and will result in a conviction.

A summons is a court document requiring you to attend court or respond as directed.  It should not be treated like an ordinary payable ticket.

Before deciding how to respond, check:

• The exact wording of every charge and the section numbers shown;
• The alleged date, time, and location of the incident;
• The type of firearm, bow, crossbow, or other equipment involved;
• Whether the firearm was loaded, unloaded, carried, pointed, handled, or discharged;
• Where other hunters, residents, motorists, buildings, vehicles, roads, livestock, or property were located;
• The alleged direction of the firearm and the possible path of any projectile;
• Whether there was a clear target, safe direction of fire, and suitable backstop;
• Whether an accidental discharge, equipment defect, or mechanical failure was alleged;
• Whether anyone was injured or any property was damaged;
• Whether firearms, wildlife, vehicles, or hunting equipment were seized; and
• The response deadline or court date.

Keep photographs, videos, GPS information, maps, rangefinder readings, hunting-group messages, witness information, firearm records, ammunition information, repair records, and every document provided by the Conservation Officer.

Photographs showing the terrain, visibility, backstop, direction of fire, nearby buildings, roads, vehicles, and the positions of the people involved may be important.

Do not alter, repair, clean, test, or dispose of a firearm or piece of equipment where doing so could destroy relevant evidence.  The condition of the firearm, its safety mechanism, the ammunition used, and its operation may become part of the case.

Should I Pay a Careless Hunting Ticket?

Paying the ticket will generally result in a conviction. Before paying, make sure you understand the allegation, whether the offence accurately describes what happened, and the consequences that may follow a conviction.

Important questions may include:

• Were you the person who possessed or handled the firearm?
• Did you possess the firearm for the purpose of hunting?
• Was the firearm handled or discharged without due care and attention?
• Were reasonable precautions taken to protect people and property?
• Was an unintended discharge caused by how the firearm was handled or by a mechanical problem?
• Do the officer’s observations match the physical evidence and witness accounts?
• Were any people or property actually exposed to the risk alleged?
• Are you facing other hunting, firearm, vehicle, road, or property-related charges?
• Were firearms, vehicles, wildlife, or other property seized?
• Do you understand the mandatory hunting-licence consequences of a conviction?

The amount shown on the ticket may not reflect the full consequences.  A careless-hunting conviction may affect your hunting licences and future hunting privileges even where the ticket itself shows a relatively modest set fine.

What Is Careless Hunting?

Careless hunting generally means handling or discharging a firearm used for hunting without the level of care reasonably required to protect people and property.

A careless-hunting allegation may arise where a person allegedly:

• Pointed a firearm toward another hunter, resident, motorist, or bystander;
• Fired without clearly identifying the target;
• Fired without knowing what was beyond the target;
• Discharged a firearm toward a house, cottage, barn, vehicle, road, trail, or occupied area;
• Handled a loaded firearm while entering or leaving a vehicle or boat;
• Crossed a fence, ditch, obstacle, or difficult terrain with a loaded firearm;
• Failed to maintain control of the muzzle direction;
• Placed a finger on the trigger before being ready to fire;
• Passed a loaded firearm to another person;
• Left a loaded firearm where another person could access it;
• Fired into thick vegetation without a clear view;
• Mistook a person, livestock, vehicle, or property for wildlife;
• Discharged a firearm where the projectile could travel beyond the intended area;
• Continued hunting despite unsafe visibility, weather, or lighting conditions;
• Caused another person to handle or discharge a firearm carelessly; or
• Handled a damaged or malfunctioning firearm without taking reasonable precautions.

The court considers the complete circumstances.  Conduct that may be reasonably safe in one location could be careless in another because of nearby people, buildings, roads, vehicles, livestock, terrain, visibility, the direction of fire, or the type of firearm being used.

An injury or property damage may make the allegation more serious, but neither is required before a charge can be laid.

Does an Accidental Discharge Automatically Mean Careless Hunting?

No. An accidental or unintended discharge does not automatically prove that you committed careless hunting.

The court must consider how and why the firearm discharged.  Calling a discharge an accident does not automatically provide a defence, but the prosecutor must still prove that the firearm was handled or discharged without due care and attention or without reasonable consideration for people or property.

Relevant circumstances may include:

• How the firearm was being carried or handled;
• Whether the firearm was loaded when it should not have been;
• Whether the safety mechanism was engaged and functioning;
• Whether the person’s finger was on the trigger;
• Whether the muzzle was pointed in a safe direction;
• Whether the firearm was properly maintained;
• Whether a defect or mechanical failure caused the discharge;
• Whether another person touched, moved, or discharged the firearm;
• Whether reasonable safety precautions were followed; and
• Whether nearby people or property were placed at risk.

A genuine mechanical failure, equipment defect, or unexpected outside event may become an important issue.  The firearm, ammunition, maintenance history, repair records, safety mechanism, witness evidence, and any examination or testing of the firearm may need to be reviewed.

What Must Be Proven?

Before you can be convicted, the prosecutor—the lawyer representing the government—must prove every part of the charge beyond a reasonable doubt. Beyond a reasonable doubt is the high legal standard required before a court can find you guilty.

For a careless-hunting charge under section 16(1) of Ontario’s Fish and Wildlife Conservation Act, 1997, the prosecutor will generally need to prove that:

• You were the person involved in the alleged incident;
• You possessed a firearm;
• You possessed the firearm for the purpose of hunting, trapping, or fishing;
• You handled or discharged the firearm, or caused it to be handled or discharged;
• The firearm was handled or discharged without due care and attention or without reasonable consideration for people or property;
• The incident occurred in Ontario on the date and at the location alleged; and
• The evidence proves the offence beyond a reasonable doubt.

The prosecutor does not necessarily have to prove that you intended to injure someone or damage property.  The focus is generally on what you did and whether the conduct met the level of care reasonably required in the circumstances.

The prosecutor also does not necessarily need to prove that the firearm was fired.  Section 16(1) applies to both handling and discharging a firearm.

The fact that an accident, close call, injury, or property-damage incident occurred does not automatically prove every part of the charge.  The prosecutor must still prove the conduct that allegedly made the handling or discharge careless.

What Evidence Is Commonly Used?

Careless-hunting cases often depend on the physical surroundings, the handling of the firearm, the direction of fire, and the reliability of witness evidence.

Evidence may include:

• Conservation Officer observations, notes, occurrence reports, photographs, and measurements;
• Statements from hunters, residents, motorists, property owners, or other witnesses;
• Statements allegedly made by the person charged;
• Body-camera, dash-camera, security-camera, trail-camera, or phone recordings;
• GPS records, maps, satellite images, rangefinder readings, and electronic location information;
• The firearm, bow, crossbow, ammunition, cartridge cases, projectiles, arrows, or impact marks;
• Firearm examination, testing, repair, maintenance, or malfunction records;
• Photographs or measurements showing terrain, visibility, distance, backstops, roads, buildings, vehicles, or property;
• Evidence of damage to buildings, vehicles, livestock, or other property;
• Medical records where an injury occurred;
• Wildlife, animal remains, blood, tracks, or other physical evidence; and
• Documents relating to seized firearms, vehicles, wildlife, or hunting equipment.

Witnesses may disagree about where people were standing, the direction in which a firearm was pointed, the location of the target, the distance to nearby property, or what happened immediately before a discharge.

Photographs, maps, GPS records, physical marks, firearm evidence, and measurements may confirm or contradict those accounts.

What Law Applies?

Section 16(1) of the Fish and Wildlife Conservation Act, 1997 prohibits careless handling or discharge of a firearm possessed for the purpose of hunting, trapping, or fishing.

The section prohibits a person from:

• Discharging a firearm without due care and attention;
• Handling a firearm without due care and attention;
• Causing a firearm to be discharged or handled without due care and attention;
• Discharging or handling a firearm without reasonable consideration for people; or
• Discharging or handling a firearm without reasonable consideration for property.

Due care and attention generally means using the level of caution, awareness, and control reasonably expected from a person handling a firearm in the same circumstances.

Reasonable consideration for people or property means taking reasonable account of the safety of hunters, residents, bystanders, motorists, buildings, vehicles, livestock, and other property that could be affected.

The Act defines firearm broadly.  Depending on the circumstances, the term may include:

• A rifle;
• A shotgun;
• A muzzle-loading gun;
• An air gun or pellet gun;
• A bow; or
• A crossbow.

The offence is therefore not limited to conventional rifles and shotguns.

Section 16(2) creates a separate duty where the discharge of a firearm causes an injury requiring treatment by a physician while the firearm is possessed for hunting, trapping, or fishing.  In those circumstances, the person must notify a Conservation Officer as soon as practicable.

Federal firearm laws and the Criminal Code may also apply where the alleged conduct raises separate concerns involving dangerous firearm use, bodily harm, firearm possession, storage, or transportation.

What Is the Fine for Careless Hunting?

The Ontario set fine for using a firearm carelessly while hunting under section 16(1) is $300. The total payable amount may be higher after the required victim fine surcharge and court costs are added.

A set fine is the amount assigned when an offence is dealt with by ticket.  It is different from the maximum penalty a court may impose following a conviction.

Under section 102(2) of the Fish and Wildlife Conservation Act, 1997, an individual convicted of an offence under section 16 may face:

• A fine of up to $25,000;
• Imprisonment for up to two years; or
• Both a fine and imprisonment.

These are maximum penalties and are not the automatic result of every careless-hunting conviction.  The outcome may depend on the degree of risk, whether anyone was injured, whether property was damaged, the person’s record, the number of charges, and any aggravating or mitigating circumstances.

A conviction under section 16(1) also requires the court to make an order affecting hunting privileges where the offence involved possessing a firearm for the purpose of hunting.

The court must order that:

• Any licence authorizing the person to hunt, including a trapping licence, be cancelled;
• The person not possess, apply for, or obtain a hunting licence during the period specified by the court;
• The person not hunt during the period specified by the court; and
• The person not hunt or apply for another hunting licence until the required educational conditions have been completed.

The required education may include:

• An Ontario hunter-education course and examination;
• Equivalent hunter education accepted from another jurisdiction; and
• Where the offence involved a gun, the Canadian Firearms Safety Course and its required tests.

An appeal of the conviction does not automatically suspend the effect of the hunting-licence order.

Additional charges may result in separate fines, hunting-licence consequences, firearm proceedings, or other court orders.  Firearms, vehicles, wildlife, or equipment connected to the alleged offence may also be seized during the investigation and could become subject to forfeiture proceedings.

Can You Be Charged if No Animal Was Killed?

Yes. A person may face a careless-hunting charge even if no animal was shot or killed.

Ontario defines hunting broadly.  It can include searching for, pursuing, chasing, lying in wait for, or shooting at wildlife for the purpose of killing, injuring, capturing, or harassing it.

Section 16(1) also applies to the careless handling of a firearm.  The prosecutor does not necessarily need to prove that the firearm was discharged or that a projectile struck an animal, person, or piece of property.

Whether you possessed the firearm for the purpose of hunting and whether your conduct met the required standard of care depend on the specific facts of the case.

Can Careless Hunting Lead to Other Charges?

Yes. One incident may lead to several charges where different firearm, hunting, road, vehicle, property, or reporting requirements were allegedly violated.

For example, an allegation involving a shot from a roadside vehicle toward a dwelling could lead to charges involving careless hunting, hunting from a vehicle, hunting too close to a road, or hunting too close to a dwelling.

Additional allegations may arise where the incident involved:

• A loaded firearm in or on a vehicle;
• Discharging a firearm from a vehicle or boat;
• Discharging a firearm from or across a road;
• Hunting too close to a dwelling or occupied building;
• Hunting at night;
• Trespassing or hunting without permission;
• Damage to property;
• Injury to another person; or
• Failing to report an injury caused by a firearm.

Each charge has its own legal requirements.  The wording and section numbers on the ticket or summons identify the allegations that must be considered.

Possible Defences

Possible defences depend on who possessed the firearm, why it was possessed, how it was handled or discharged, the surrounding risks, and the reliability of the evidence. Every case depends on its own facts, and no particular result can be guaranteed.

Issues that may need to be reviewed include:

• You did not possess or control the firearm: The evidence may not prove that you knew about and controlled the firearm involved.
• The firearm was not possessed for hunting: Section 16(1) requires a connection between possession of the firearm and the purpose of hunting, trapping, or fishing.
• You did not handle or discharge the firearm: The evidence may not establish who carried, pointed, handled, or fired it.
• You did not cause another person to handle or discharge it: The evidence may not prove that you directed, permitted, or caused the alleged conduct.
• The firearm was handled with due care and attention: The evidence may show that you maintained muzzle control, used the safety mechanism, kept your finger away from the trigger, followed safe loading procedures, and took reasonable precautions.
• You reasonably considered people and property: The evidence may show a clear target, safe direction of fire, suitable backstop, sufficient distance, clear visibility, and reasonable precautions for nearby people and property.
• A mechanical defect or unexpected event caused the discharge: A malfunction may be relevant where the firearm was reasonably maintained and handled and the problem could not reasonably have been anticipated.
• Another person caused the discharge: Witness accounts, physical evidence, and firearm examination may show that another person controlled, moved, or discharged the firearm.
• The alleged direction or risk is inaccurate: Projectile evidence, impact marks, photographs, maps, terrain, distance measurements, or expert evidence may contradict the prosecution’s theory.
• You were incorrectly identified: The evidence may not reliably prove that you were the person who possessed, handled, or discharged the firearm.
• Due diligence: Due diligence means taking every reasonable step to prevent the offence.  Section 101 of the Act provides a defence where a person proves that they exercised all due diligence.
• Honest and reasonable mistake of fact: The circumstances may need to be reviewed to determine whether you honestly and reasonably believed facts that, if true, would mean the conduct was not careless.
• The firearm evidence is unreliable: The testing method, chain of custody, maintenance history, ammunition, safety mechanism, or conclusions about how the firearm discharged may be disputed.
• The remaining evidence is incomplete or inconsistent: Officer notes, witness statements, photographs, videos, measurements, or electronic records may not reliably establish what occurred.
• Evidence was obtained unlawfully: The circumstances of a detention, search, seizure, firearm inspection, questioning, or statement may need to be reviewed.

The absence of an injury or property damage does not automatically provide a defence.  It may, however, be relevant when determining what happened, whether people or property were placed at risk, and the seriousness of the allegation.

Similarly, describing a discharge as an accident does not automatically resolve the charge.  The reason for the discharge and the precautions taken before it occurred remain important.

Could My Firearm or Hunting Equipment Be Seized?

Yes. A Conservation Officer may seize a firearm, ammunition, wildlife, vehicle, boat, or other property where the legal requirements for seizure are met.

Seizure does not automatically mean the property will be permanently forfeited.  It may be retained as evidence while the investigation or court case continues, and a court may later be asked to make an order concerning its return or forfeiture.

Questions that may need to be reviewed include:

• What property was seized;
• When and where the seizure occurred;
• Who owned or possessed the property;
• What documents or receipts were provided;
• Whether the property is being held as evidence;
• Whether an application for continued detention or forfeiture has been made; and
• Whether a person other than the accused claims an ownership interest.

Keep every seizure receipt, notice, property record, photograph, ownership document, and communication concerning the seized property.

What Happens in Court?

What happens next depends on whether you received a ticket or a summons and whether you dispute the charge. Because a section 16(1) conviction may carry mandatory hunting-licence consequences, the complete effect of a guilty plea should be understood before deciding how to respond.

A ticket generally provides response options and a deadline.  Paying the ticket will usually be treated as pleading guilty and will result in a conviction.

A summons normally requires you to attend the Ontario Court of Justice or respond as directed.  Ignoring it may lead to additional consequences.

If you dispute the charge, you may request disclosure.  Disclosure is the evidence the prosecutor intends to rely upon and may include Conservation Officer notes, witness statements, photographs, videos, maps, firearm evidence, examination reports, measurements, and documents concerning seized property.

After disclosure is reviewed, the charge may be discussed with the prosecutor, resolved without a trial, or scheduled for trial.  At trial, the prosecutor must prove every required part of the offence beyond a reasonable doubt.

If there is a conviction, the court will decide the fine or other sentence and specify the length and educational requirements of the mandatory hunting-licence order.

Related Hunting Charges

A careless-hunting investigation may lead to other charges where additional firearm, road, vehicle, property, or hunting requirements were allegedly not followed.

• Hunting Too Close to a Road
• Hunting Too Close to a Dwelling
• Hunting From a Vehicle
• Hunting From a Boat
• Hunting at Night
• Trespassing While Hunting
• Hunting Without Permission

One incident may result in more than one charge.  Each allegation should be reviewed separately because the prosecutor must prove the legal requirements of each offence.

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

• Careless hunting generally involves handling or discharging a firearm without due care and attention or reasonable consideration for people or property.
• The charge may be laid even if the firearm was not discharged and no animal was killed.
• An accidental discharge does not automatically prove careless hunting, but the reason for the discharge and the precautions taken are important.
• The set fine is $300, while the maximum court penalty may include a fine of up to $25,000, imprisonment for up to two years, or both.
• A section 16(1) conviction may result in mandatory cancellation of hunting licences, a prohibition on hunting, and required safety education.
• The firearm, direction of fire, backstop, terrain, visibility, nearby people and property, witness evidence, and safety precautions may all affect the case.

Conclusion

Being charged with careless hunting does not automatically mean you will be convicted.  The prosecutor must prove that you possessed a firearm for the purpose of hunting, trapping, or fishing and handled or discharged it without due care and attention or without reasonable consideration for people or property.

The condition of the firearm, how it was carried or discharged, the direction of fire, the available backstop, visibility, nearby people and property, witness statements, physical evidence, and the Conservation Officer’s observations may all affect the case.

Because a conviction may result in mandatory consequences for your hunting licences and future hunting privileges, it is important to understand the allegation and the possible outcome before paying a ticket, entering a guilty plea, or responding to a summons.