Hunting From a Vehicle in Ontario:

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

Read every document carefully and do not ignore the response deadline or court date. The offence wording and section number should identify the allegation against you.

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 and section number of every charge;
• The alleged date, time, and location;
• The type of vehicle involved;
• Whether you were driving, riding in, standing on, or near the vehicle;
• Whether the vehicle was moving or stopped;
• How the Conservation Officer says the vehicle was used;
• What wildlife was allegedly involved;
• Whether a firearm was loaded or discharged in or from the vehicle;
• Whether the incident occurred on or near a public road;
• Whether other hunters or passengers were involved;
• Whether wildlife, firearms, equipment, or the vehicle was seized; and
• The response deadline or court date.

Keep photographs, videos, GPS tracks, maps, dash-camera recordings, vehicle records, messages, hunting-group communications, receipts, witness information, and every document provided by the Conservation Officer.

Do not delete electronic information or alter the vehicle or equipment in a way that could destroy relevant evidence.  Consider obtaining legal advice before giving an additional written or recorded explanation because further statements may become part of the prosecution evidence.

Should I Pay a Hunting From a Vehicle Ticket?

Paying the ticket will generally result in a conviction. Before paying, make sure the charge accurately describes how the vehicle was allegedly used and that you understand the possible consequences.

Important questions may include:

• Was the vehicle used only to transport people or equipment?
• Was wildlife being followed, pursued, chased, blocked, or redirected?
• Was the vehicle moving when the alleged conduct occurred?
• Were you the driver, a passenger, or outside the vehicle?
• Did you control or direct how the vehicle was used?
• Was a firearm discharged from or while on the vehicle?
• Was the vehicle parked before the hunting activity began?
• Was the wildlife correctly identified?
• Do GPS, video, vehicle, or witness records support the allegation?
• Does the section on the ticket match the conduct described by the officer?

The presence of hunters, firearms, or hunting equipment in a vehicle does not automatically prove that the vehicle was unlawfully used to hunt.  The prosecution must connect the vehicle to one of the purposes prohibited by the law.

The amount shown on the ticket may also be only one possible consequence.  A conviction may affect your hunting privileges or arise with additional firearm, road, night-hunting, licence, tag, possession, or transportation charges.

What Is Hunting From a Vehicle?

This charge generally alleges that a person used a vehicle for the purpose of killing, injuring, capturing, harassing, pursuing, or chasing wildlife.

A hunting-from-a-vehicle allegation may arise where a person allegedly:

• Shot at wildlife from inside or while standing on a vehicle;
• Drove toward wildlife to place a hunter within shooting range;
• Followed or chased wildlife using an ATV, truck, or snowmobile;
• Used a vehicle to block, surround, or redirect wildlife;
• Attempted to run down or strike an animal;
• Used a vehicle to separate an animal from a herd;
• Coordinated the vehicle’s movement with another hunter; or
• Used a vehicle as part of an organized attempt to capture or kill wildlife.

The vehicle does not necessarily have to strike the animal or contain the person who fired a shot.  The legal issue is whether the vehicle was used for one of the prohibited wildlife-related purposes.

Merely travelling to or from a hunting location does not automatically amount to hunting from a vehicle.  Hunters may generally use vehicles for lawful transportation, subject to the separate rules governing firearms, public roads, protected areas, and hunting activities.

What Is the Difference Between Transportation and Hunting From a Vehicle?

The difference generally depends on what the vehicle was being used to accomplish.

Lawful transportation may include:

• Driving hunters to or from a hunting location;
• Transporting unloaded and properly stored firearms;
• Carrying hunting equipment or lawfully possessed wildlife;
• Parking before the hunting activity begins;
• Travelling on a road without pursuing wildlife; or
• Using a vehicle for another lawful purpose unrelated to hunting wildlife.

The prosecution may allege unlawful use where the vehicle was used to gain an immediate hunting advantage, close the distance to wildlife, maintain contact with a fleeing animal, direct wildlife toward another hunter, or otherwise pursue or harass it.

Stopping a vehicle after seeing wildlife does not automatically establish the offence.  The court may need to consider what happened before and after the vehicle stopped, how far the vehicle travelled, how the occupants acted, and whether the vehicle remained connected to the alleged hunting activity.

Can a Passenger Be Charged With Hunting From a Vehicle?

Yes, depending on the passenger’s conduct and role in the incident.

A passenger may face a charge where the evidence allegedly shows that the passenger:

• Shot or attempted to shoot from the vehicle;
• Directed the driver to follow or chase wildlife;
• Used the vehicle as part of a coordinated hunt;
• Encouraged or assisted the prohibited conduct;
• Used calls, lights, firearms, or other equipment while the vehicle pursued wildlife; or
• Otherwise participated in using the vehicle for a prohibited purpose.

Simply being a passenger in a vehicle containing hunters or hunting equipment does not automatically prove participation in the offence.  The person’s actions, statements, control, knowledge, and connection to the alleged vehicle use may all matter.

What Must Be Proven?

Before you can be convicted, the prosecutor—the lawyer or representative acting for the government—must prove every required 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 charge under section 24(1) of the Fish and Wildlife Conservation Act, 1997, the prosecutor will generally need to prove that:

• You were the person involved in the alleged incident;
• A vehicle was used;
• Wildlife was involved;
• The vehicle was used for a prohibited wildlife-related purpose;
• The purpose involved killing, injuring, capturing, harassing, pursuing, or chasing wildlife;
• The incident occurred in Ontario on the alleged date and at the alleged location; and
• No lawful exception or other authority applied.

The prosecutor does not necessarily need to prove that wildlife was killed, injured, or captured.  Using a vehicle to pursue, chase, or harass wildlife may be enough where the required conduct and purpose are proven.

The prosecution must establish more than the presence of a hunter, firearm, or hunting equipment in a vehicle.  The evidence must connect the vehicle’s use to one of the purposes prohibited by section 24(1).

What Law Applies?

Section 24(1) of the Fish and Wildlife Conservation Act, 1997 prohibits using a vehicle for the purpose of killing, injuring, capturing, harassing, pursuing, or chasing wildlife.

The Act defines a vehicle broadly.  It includes a vehicle driven, propelled, or drawn on land or ice by any kind of power, including muscular power.

Depending on the circumstances, a vehicle may include:

• A car or truck;
• An ATV or side-by-side;
• A snowmobile;
• A motorcycle or dirt bike;
• A tractor or farm vehicle;
• A bicycle;
• A horse-drawn or manually drawn vehicle; or
• Another vehicle used on land or ice.

Section 24 treats vehicles, boats, and aircraft separately:

• Section 24(1): Addresses prohibited use of a vehicle;
• Section 24(2): Addresses prohibited use of a boat; and
• Section 24(3): Addresses using an aircraft while hunting.

Section 17 of the Act contains separate rules concerning loaded firearms in or on vehicles, motorboats, and aircraft.  Depending on the facts, a person may face a section 17 firearm charge in addition to a section 24 vehicle charge.

The wording and section numbers on your ticket or summons identify the offences the prosecutor must prove.

Is Having a Loaded Firearm in a Vehicle the Same Charge?

No.  Using a vehicle to hunt wildlife and possessing a loaded firearm in or on a vehicle are separate legal issues.

A hunting-from-a-vehicle charge under section 24(1) focuses on how the vehicle was used in relation to wildlife.  A loaded-firearm allegation under section 17 focuses on the condition and location of the firearm.

Depending on the circumstances, an investigation may involve allegations that:

• A loaded firearm was possessed in or on a vehicle;
• A firearm was loaded before the hunter fully left the vehicle;
• A firearm was discharged from the vehicle;
• A firearm was discharged while the person was standing or sitting on the vehicle;
• The vehicle was used to approach or pursue wildlife; or
• Several firearm, vehicle, or road offences occurred during the same incident.

A person may therefore face one charge without the other, or both charges arising from the same event.  Each allegation has its own legal requirements.

Is Hunting From a Vehicle the Same as Hunting From a Road?

No.  Vehicle-use and road-related hunting charges are separate offences, although they may arise from the same incident.

A vehicle charge focuses on using the vehicle for a prohibited purpose involving wildlife.  A road-related charge may focus on possessing a loaded firearm near a road, discharging a firearm from or across a road, or another restriction applying to the travelled portion or right of way.

For example, a person may be accused of:

• Using a truck to follow wildlife;
• Stopping on a road and shooting from the vehicle;
• Discharging a firearm across the travelled portion of a road;
• Possessing a loaded firearm in a prohibited road area; or
• Committing more than one of these acts during the same event.

For more information about the separate road allegation, see Hunting Too Close to a Road.

Can You Be Charged if No Animal Was Killed?

Yes. A person may face this charge even if no wildlife was shot or killed.

Section 24(1) includes using a vehicle to injure, capture, harass, pursue, or chase wildlife.  The prosecution therefore does not always need to prove that an animal was harvested.

Ontario also defines hunting broadly.  Hunting may include searching for, lying in wait for, following, pursuing, chasing, capturing, harassing, or shooting at wildlife for a hunting purpose.

Whether the vehicle was used for a prohibited purpose depends on the specific conduct and evidence.

What Is the Fine for Hunting From a Vehicle?

The identified set fine for using a vehicle to kill, injure, or harass wildlife under section 24(1) of the Fish and Wildlife Conservation Act, 1997 is $250.

A set fine is the fine assigned when an offence is dealt with by ticket.  The total payable amount may be higher after the victim fine surcharge and applicable court costs are added.

A set fine is different from the maximum penalty available after conviction.  Section 102 of the Act provides a general maximum penalty for an individual that may include:

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

These are statutory maximums, not the automatic or usual result of every hunting-from-a-vehicle charge. The outcome depends on the exact offence, circumstances, wildlife involved, prior record, and manner in which the case proceeds.

Additional vehicle, firearm, road, licence, tag, night-hunting, or wildlife charges may result in separate fines and consequences.

What Other Consequences Are Possible?

A conviction may involve consequences beyond the fine itself, including:

• A victim fine surcharge and court costs;
• Restrictions on hunting privileges;
• Cancellation of a licence or authorization where ordered;
• Seizure or forfeiture issues involving the vehicle, wildlife, firearms, or equipment;
• Probation or another court order; and
• Consequences arising from additional charges.

Section 104 of the Fish and Wildlife Conservation Act, 1997 permits a court, in appropriate circumstances, to restrict a person from possessing, applying for, or obtaining a hunting licence or authorization for a specified period.

For more information, see What Are the Fines for Hunting Offences? and Hunting Licence Suspensions.

What Evidence Is Commonly Used?

These cases often depend on the vehicle’s location and movement, the conduct of its occupants, the location of wildlife, and evidence showing why the vehicle was being used.

The prosecutor may rely on:

• Conservation Officer observations, notes, reports, and recordings;
• Statements from the driver, passengers, other hunters, landowners, or witnesses;
• Photographs, videos, trail-camera footage, and dash-camera recordings;
• GPS tracks, maps, vehicle-location records, and electronic data;
• Messages, calls, hunting-group communications, and social-media content;
• Firearms, ammunition, bows, calls, lights, and hunting equipment;
• Wildlife, animal parts, tracks, blood, or other physical evidence; and
• Tire tracks, snowmobile tracks, vehicle damage, or marks at the scene.

The evidence may also address when the vehicle stopped, whether wildlife changed direction, how closely the vehicle followed it, who controlled the vehicle, and what the occupants did before and after the alleged incident.

Disclosure is the evidence the prosecutor intends to use in court.  It should be requested and reviewed before deciding how to respond to a disputed charge.  Learn more on the What Is Disclosure? page.

Common Situations That Lead to This Charge

A Vehicle Followed Wildlife Along a Road or Trail

The Conservation Officer may allege that a truck, ATV, or snowmobile was used to maintain contact with wildlife or move closer for a shot.

A Hunter Shot From Inside or While Standing on a Vehicle

The allegation may involve firing from a seat, window, truck bed, ATV, snowmobile, or another part of the vehicle.

The Vehicle Was Used to Push Wildlife Toward Another Hunter

A driver may be accused of using the vehicle to redirect, surround, or move wildlife toward a person waiting nearby.

The Hunter Says the Vehicle Was Used Only for Transportation

A dispute may arise over whether the vehicle was merely carrying hunters and equipment or was actively connected to pursuing or hunting wildlife.

The Vehicle Stopped After Wildlife Was Seen

The officer may rely on the timing, location, firearm handling, passenger conduct, and vehicle movement to allege that the vehicle became part of the hunt.

A Passenger Directed the Driver

A passenger may be accused of telling the driver where to turn, how closely to follow wildlife, or where to stop so that a shot could be taken.

The Incident Occurred on or Near a Public Road

The investigation may result in both vehicle-use and road-related firearm charges.

The Vehicle Was Used During a Night-Hunting Incident

The vehicle’s headlights, movement, firearm location, and the time of the incident may lead to additional night-hunting or loaded-firearm allegations.

Possible Defences

Possible defences depend on how the vehicle was used, the purpose of the activity, your role, the wildlife involved, and the available evidence. Not every issue applies to every case.

Issues that may need to be reviewed include:

• The vehicle was used only for transportation: Driving to or from a hunting location or carrying hunters and equipment does not automatically establish prohibited use.
• The vehicle was stopped and no longer part of the hunt: The evidence may show that the occupants parked, exited, and began a separate activity before any alleged hunting occurred.
• No wildlife was being pursued or chased: The vehicle may have travelled in the same direction as wildlife without being used to follow or affect it.
• You did not control or direct the vehicle: A passenger may not have participated in or encouraged the driver’s actions.
• You were not hunting: Observing, photographing, travelling, working, checking property, or participating in another lawful activity does not automatically establish hunting.
• The purpose required by section 24 was not proven: The evidence may not establish that the vehicle was used to kill, injure, capture, harass, pursue, or chase wildlife.
• The wildlife or location was incorrectly identified: Video, maps, GPS information, witnesses, or other records may dispute the prosecution’s account.
• The wrong person was identified: The evidence may not establish who was driving, shooting, directing, or participating.
• Due diligence or reasonable mistake of fact applied: Section 101 of the Act may provide a defence where you took every reasonable step to prevent the offence or honestly and reasonably believed facts that would have made the conduct lawful.
• The evidence is incomplete or unreliable: Officer observations, video, GPS records, statements, vehicle data, or identification evidence may need to be challenged.
• Legal or Charter issues arose: The circumstances of the vehicle stop, detention, search, seizure, questioning, or statement may require legal review.

Simply saying that you did not intend to kill the wildlife may not answer an allegation based on pursuing, chasing, or harassing it.  The precise prohibited purpose alleged by the prosecutor and the complete circumstances must be considered.

Can the Vehicle, Wildlife, Firearms, or Equipment Be Seized?

Property connected with a vehicle-related hunting investigation may be seized where lawful authority exists.

Depending on the circumstances, seized property may include:

• The car, truck, ATV, snowmobile, or other vehicle;
• Wildlife or animal parts;
• Firearms, ammunition, bows, or hunting equipment;
• Licences, tags, maps, or documents;
• Cellphones, cameras, GPS devices, or electronic records; and
• Other property allegedly connected with the offence.

Seizure means that property has been taken and is being held. Forfeiture means that ownership is permanently lost through a court order or another lawful process.

Property is not automatically forfeited merely because it was seized.  Keep every property receipt, inventory, officer name, occurrence number, towing record, storage notice, and other document relating to the seizure.

What Happens in Court?

What happens next depends on whether you received a ticket or summons and whether you dispute the charge.

The process may include requesting disclosure, attending court, discussing the matter with the prosecutor, considering a possible resolution, bringing a legal application where appropriate, or proceeding to trial.

At trial, the prosecutor must prove that the vehicle was used for one of the purposes prohibited by section 24(1) beyond a reasonable doubt.  If there is a conviction, the court will determine the fine and whether any additional order should be made.

For more information, see What Happens After You Receive a Hunting Ticket? and What Happens After You Receive a Summons?.

Related Hunting Charges

A hunting-from-a-vehicle investigation may lead to other charges if additional vehicle, firearm, road, licence, tag, season, or wildlife requirements were allegedly not followed.

• Hunting Moose From a Vehicle
• Hunting From a Boat
• Hunting Too Close to a Road
• Hunting at Night
• Careless Hunting
• Hunting During a Closed Season
• Hunting Without a Licence
• Hunting Without a Tag
• Illegal Possession of Wildlife

One incident may result in several charges.  Each allegation should be reviewed separately because every offence has its own legal requirements and evidence.

Return to the Common Hunting Charges hub to review other Ontario hunting charges.

How DefendCharges.ca Can Help

DefendCharges.ca can review the ticket or summons, offence wording, vehicle records, GPS information, photographs, video, witness evidence, seizure documents, and the circumstances surrounding the allegation.

Legal assistance may include requesting disclosure, reviewing Conservation Officer evidence, assessing how the vehicle was used, determining whether your conduct amounted to hunting, and examining whether the required prohibited purpose can be proven.

DefendCharges.ca can also explain the possible consequences, address issues involving a seized vehicle or other property, communicate with the prosecutor where appropriate, discuss resolution options, and help prepare the case for trial.

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 law prohibits using a vehicle to kill, injure, capture, harass, pursue, or chase wildlife;
• The offence is not limited to shooting from inside a car or truck;
• Using a vehicle for lawful transportation does not automatically amount to hunting from a vehicle;
• A driver or passenger may be charged depending on their conduct and participation;
• Using a vehicle to hunt is different from possessing a loaded firearm in a vehicle or committing a road-related offence;
• The identified set fine for the section 24(1) offence is $250 before the victim fine surcharge and court costs;
• A person may be charged even if no wildlife was shot or killed; and
• The vehicle’s purpose, movement, location, occupants, and connection to the wildlife may affect the case.

Conclusion

Hunting from a vehicle generally involves an allegation that a vehicle was used to kill, injure, capture, harass, pursue, or chase wildlife.  The offence may involve much more than firing a shot from inside a car or truck.

The outcome may depend on the vehicle’s movement and purpose, whether it was used only for transportation, who controlled or directed it, the location of the wildlife, and what the Conservation Officer’s evidence shows.

Before paying a ticket or responding to a summons, review the exact offence wording, vehicle and electronic records, witness evidence, seizure documents, and possible consequences so that you understand the allegation and the options available.