Illegal Possession of Wildlife in Ontario:

Illegal Possession of Wildlife in Ontario

Illegal possession of wildlife in Ontario may lead to a provincial offence charge, a fine, court proceedings, forfeiture of the wildlife, seizure of other property, and possible consequences for your hunting privileges.

This charge generally alleges that you possessed wildlife that had been killed, injured, or captured contrary to Ontario’s Fish and Wildlife Conservation Act, 1997 or its regulations.

The allegation may involve an entire animal, meat, antlers, horns, hides, feathers, fish, game birds, eggs, or other identifiable wildlife parts.  It can arise even where someone else allegedly hunted, killed, transported, or transferred the wildlife.

Do not panic.  Receiving a ticket or summons does not automatically mean you will be convicted.  The prosecutor must prove that you possessed the wildlife and that it had been killed, injured, or captured unlawfully.

I Received an Illegal Possession of Wildlife 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 whether you are charged with possessing illegally obtained wildlife or with a different tagging, transportation, purchase, sale, or possession offence.

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 possession;
• The species and form of wildlife involved;
• Where the wildlife was found and who had access to that location;
• Who harvested, transferred, transported, processed, or stored the wildlife;
• Whether you knew the wildlife was present and exercised control over it;
• What licence, tag, permit, receipt, or transfer records existed;
• When and where the wildlife was allegedly harvested or obtained;
• Whether the wildlife came from another person, an earlier season, or another lawful source;
• Whether wildlife or other property was seized; and
• The response deadline or court date.

Keep tags, Licence Summaries, permits, receipts, hunter reports, processor records, taxidermy records, photographs, videos, freezer labels, packaging information, transfer documents, messages, GPS information, and every document provided by the Conservation Officer.

Do not destroy, relabel, repackage, consume, sell, transfer, or dispose of wildlife that may be relevant to the investigation.  Its identity, condition, packaging, location, and connection to other evidence may become important.

Should I Pay an Illegal Possession of Wildlife Ticket?

Paying the ticket will generally result in a conviction. Before paying, make sure you understand what wildlife is involved, why the prosecutor says it was obtained illegally, and whether the evidence connects you to its possession.

Important questions may include:

• Did you know the wildlife was present?
• Did you exercise custody or control over it?
• Was the wildlife lawfully harvested or acquired?
• Did a valid licence, tag, permit, or authorization apply?
• Did the wildlife come from another person or a previous lawful season?
• Can the species and quantity be reliably identified?
• Can the prosecutor prove the underlying hunting or harvesting offence?
• Did several people share the vehicle, camp, residence, or freezer?
• Were additional hunting or wildlife charges laid?
• Was wildlife or other property seized?

The amount shown on a ticket may not reflect every possible consequence.  A conviction may also affect seized wildlife, hunting privileges, licences, vehicles, firearms, equipment, or other property.

What Is Illegal Possession of Wildlife?

Illegal possession of wildlife generally means having custody or control of wildlife that was killed, injured, or captured contrary to Ontario law.

The allegation may arise where a person allegedly:

• Possessed wildlife taken during a closed season;
• Kept wildlife harvested without the required licence, tag, or authorization;
• Possessed more wildlife than a tag or harvest limit allowed;
• Possessed wildlife of a species, sex, age, or type that was not authorized;
• Kept wildlife taken at night or by another prohibited hunting method;
• Accepted, stored, transported, or processed wildlife from an unlawful harvest;
• Possessed meat, antlers, horns, hides, feathers, eggs, or other identifiable wildlife parts;
• Continued to possess wildlife after learning that it may have been obtained illegally;
• Possessed wildlife that was unlawfully imported or transferred; or
• Could not establish that the wildlife came from a lawful source.

The charge is not limited to the hunter who killed the animal.  A person may be investigated for accepting, storing, processing, transporting, concealing, or otherwise controlling unlawfully obtained wildlife.

However, merely being present near wildlife or knowing the person who harvested it does not automatically prove possession.

What Does Possession Mean?

Possession generally involves knowledge of the wildlife and a sufficient degree of custody, control, or authority over it.

The wildlife does not have to be held in your hands or stored on property registered in your name.

A person may be alleged to possess wildlife where it is found:

• In their vehicle, ATV, snowmobile, boat, or trailer;
• In their home, garage, barn, shed, or outbuilding;
• In their freezer, cooler, refrigerator, or storage container;
• At a hunting camp they occupy or control;
• At a butcher, processor, or taxidermist under their name;
• In a shared location they allegedly knew about and controlled; or
• In another person’s possession on their behalf.

Finding wildlife in a location connected to you does not automatically prove possession.  The prosecutor may still need to prove that you knew it was there and exercised control over it.

Where several people share a vehicle, camp, residence, freezer, or storage building, the evidence must be examined to determine who knew about the wildlife and who had authority over it.

Can You Be Charged if You Did Not Kill the Wildlife?

Yes. You may be charged with illegal possession even where another person hunted, killed, injured, or captured the wildlife.

An allegation may arise where a person allegedly:

• Accepted wildlife from someone who harvested it unlawfully;
• Stored unlawfully obtained wildlife for another person;
• Transported or processed illegally harvested wildlife;
• Kept meat or wildlife parts from an unlawful harvest;
• Helped conceal or dispose of wildlife;
• Received wildlife without information establishing its lawful source; or
• Continued to control the wildlife after learning that it may have been obtained illegally.

The prosecutor must still prove your individual possession.  Merely being related to, travelling with, hunting with, or living with the person who harvested the wildlife does not automatically prove the charge.

Can Lawfully Harvested Wildlife Be Shared With Another Person?

Lawfully obtained wildlife may sometimes be gifted, shared, transported, processed, or stored by another person. However, all applicable identification, tagging, transportation, purchase, sale, import, export, and documentation rules must still be followed.

Important questions may include:

• Whether the wildlife was lawfully harvested or acquired;
• Whether the correct licence, tag, or authorization applied;
• Whether the tag was invalidated and attached when required;
• Whether the wildlife was lawfully transported or transferred;
• Whether the recipient knew who harvested it;
• Whether identifying licence or tag information was available;
• Whether the wildlife was properly packaged or labelled;
• Whether it came from a processor, dealer, farm, or another lawful source; and
• Whether special purchase, sale, import, or export rules applied.

A person receiving wildlife should preserve records showing its lawful source, particularly where the wildlife will be transported separately from the hunter or stored for an extended period.

Can You Possess Wildlife From a Previous Hunting Season?

Possessing wildlife that was lawfully harvested during an earlier hunting season is not automatically illegal.

An investigation may nevertheless arise where the source, harvest date, species, quantity, or legality of the wildlife cannot be established.

Evidence that may help establish an earlier lawful harvest includes:

• Tag, licence, or Licence Summary information;
• Mandatory hunter reports;
• Dated photographs or videos;
• Butcher, processor, or taxidermy records;
• Freezer labels and packaging dates;
• Messages discussing the harvest or transfer;
• Transportation, purchase, or transfer records; and
• Witness evidence.

The absence of a current tag attached to processed meat does not automatically prove illegal possession.  The complete history and lawful source of the wildlife must be considered.

What Must Be Proven?

Before you can be convicted, the prosecutor—the lawyer representing 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 12 of the Fish and Wildlife Conservation Act, 1997, the prosecutor will generally need to prove that:

• You were the person involved in the alleged possession;
• The item was wildlife or an identifiable part of wildlife;
• You possessed the wildlife or wildlife part;
• You knew about the wildlife and exercised custody or control over it;
• The wildlife had been killed, injured, or captured contrary to the Act or regulations;
• The offence occurred on the date and at the location alleged; and
• No exemption, lawful authority, Indigenous harvesting right, or other legal exception applied.

The prosecutor must prove more than the presence of wildlife.  The evidence must connect you to its possession and establish that the wildlife was obtained unlawfully.

Where the wildlife was found in a shared location, the prosecutor must prove your individual knowledge and control.  The presence of wildlife in a camp, vehicle, residence, freezer, or outbuilding does not automatically establish that every person present possessed it.

What Evidence Is Commonly Used?

Illegal-possession cases often depend on evidence showing the source of the wildlife, who controlled it, and whether it was lawfully harvested or acquired.

The prosecutor may rely on:

• Conservation Officer notes, reports, photographs, videos, and observations;
• Statements from the accused, hunters, property owners, passengers, processors, taxidermists, or other witnesses;
• Licences, tags, Licence Summaries, permits, authorizations, and hunter reports;
• Open-season information, Wildlife Management Unit records, and harvest-limit information;
• The wildlife, meat, carcass, antlers, horns, hides, feathers, eggs, or other identifiable parts;
• Scientific testing, DNA analysis, or species-identification evidence;
• Freezer contents, packaging, labels, storage records, and processor records;
• GPS information, maps, phone records, photographs, videos, or electronic communications;
• Vehicle, camp, residence, cooler, freezer, or other storage evidence;
• Evidence showing who knew about or controlled the wildlife;
• Hunting equipment or physical evidence connected to the alleged harvest; and
• Documents relating to seized wildlife or other property.

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.

What Law Applies?

Section 12 of Ontario’s Fish and Wildlife Conservation Act, 1997 provides that a person shall not possess wildlife that has been killed, injured, or captured contrary to the Act or regulations.

The underlying illegality may arise from another provision of the Act or Ontario Regulation 665/98, commonly called the Hunting Regulation.

Depending on the circumstances, the allegation may involve rules concerning:

• Hunting licences, tags, and authorizations;
• Open and closed seasons;
• Wildlife Management Units;
• Species, sex, age, or type restrictions;
• Harvest and possession limits;
• Party hunting and tag requirements;
• Night hunting or prohibited hunting methods;
• Transportation, transfer, processing, purchase, or sale of wildlife;
• Import and export requirements; or
• Other conditions applying to the lawful harvest or acquisition of wildlife.

These are generally regulatory offences.  The prosecutor may not need to prove that you intended to break the law.  However, section 101 of the Act recognizes the defences of due diligence and honest and reasonable mistake of fact where their legal requirements are established.

Due diligence means taking every reasonable step to avoid committing the offence.

An honest and reasonable mistake of fact may arise where you honestly believed facts that, if true, would have made the possession lawful, and that belief was reasonable in the circumstances.

The precise legal sections on the ticket or summons must be reviewed. “Illegal possession of wildlife” is a general public-facing description, but the actual allegation may involve section 12 or another possession, tagging, transportation, purchase, sale, or documentation provision.

What Is the Fine for Illegal Possession of Wildlife?

The Ontario set fine for possessing illegally killed, injured, or captured wildlife under section 12 is $200. The total payable amount may be higher after the 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 of the Fish and Wildlife Conservation Act, 1997, the general maximum penalty for an individual may include:

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

These are maximum penalties and are not the automatic or usual result of every conviction.  The outcome may depend on the wildlife involved, its quantity or value, how it was obtained, the number of charges, the person’s record, and any aggravating or mitigating circumstances.

A conviction may also lead to:

• Forfeiture of the wildlife or wildlife parts;
• Forfeiture proceedings involving other seized property;
• A court order restricting hunting privileges;
• Cancellation or suspension of a licence or authorization;
• Probation or other court conditions;
• An order concerning seizure, storage, or disposal expenses; and
• Separate penalties for related offences.

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

Common Situations That Lead to This Charge

Wildlife Was Found in a Shared Freezer

Several people may use the same residence, camp, garage, or freezer.  The investigation may focus on who knew the wildlife was present, who placed it there, and who exercised control over it.

A Hunter Gave Meat to Another Person

The recipient may have believed the wildlife was lawfully harvested.  The source, tag records, transfer circumstances, packaging, and what the recipient knew may become important.

The Wildlife Came From an Earlier Season

Frozen meat or stored wildlife parts may have been lawfully obtained months or years earlier.  Tags, photographs, processor receipts, hunter reports, and freezer labels may help establish their history.

The Wildlife Was Found in a Shared Vehicle

The fact that wildlife was found in a vehicle does not automatically prove that every passenger possessed it.  Knowledge, access, control, ownership, and statements made during the investigation may be examined.

The Wrong Tag or Licence Was Used

The wildlife may have been harvested under a tag or licence that did not authorize the species, sex, age, Wildlife Management Unit, season, or hunter involved.

The Species or Quantity Was Disputed

Packaged meat, hides, antlers, feathers, or other remains may be difficult to identify or count.  Scientific evidence, packaging, records, photographs, and witness evidence may become important.

The Wildlife Came From Outside Ontario

The investigation may consider licences from another jurisdiction, purchase records, import or export documents, and whether the wildlife was lawfully acquired and brought into Ontario.

Possible Defences

Possible defences depend on whether you possessed the wildlife, whether it was unlawfully obtained, what you knew, 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:

• The wildlife was lawfully harvested: Licences, tags, season information, hunter reports, photographs, or witness evidence may establish a lawful harvest.
• The wildlife came from a lawful source: It may have been lawfully transferred, gifted, purchased, imported, farmed, or obtained under another authorization.
• The wildlife came from an earlier season: Packaging, processor records, photographs, freezer labels, tags, or witness evidence may establish its history.
• You did not possess the wildlife: The evidence may not establish custody, control, or authority over the wildlife or the location where it was found.
• You did not know the wildlife was present: Several people may have used the vehicle, residence, camp, freezer, or storage area.
• The wildlife belonged to another person: The surrounding evidence may identify someone else as the person who knew about and controlled it.
• The species or quantity was not proven: The evidence may not reliably identify the wildlife or establish the amount allegedly possessed.
• The underlying offence was not proven: The prosecutor must establish that the wildlife was killed, injured, or captured contrary to Ontario law.
• A lawful right or authorization applied: An Indigenous harvesting right, permit, licence, or other legal authority may affect the allegation.
• Due diligence: The evidence may show that you took every reasonable step to confirm that the wildlife was lawfully obtained.
• Honest and reasonable mistake of fact: You may have honestly and reasonably believed facts that, if true, would have made the possession lawful.
• The evidence is incomplete or inconsistent: Officer notes, witness statements, tags, records, photographs, or scientific evidence may not reliably establish the offence.
• Evidence was obtained unlawfully: The circumstances of a detention, search, seizure, questioning, or statement may need to be reviewed.

Simply saying that someone else harvested the wildlife may not, by itself, answer whether you possessed it.  The court may consider the source of the wildlife, who controlled the location, what you knew, and what steps you took to confirm that it was lawfully obtained.

Could Wildlife or Other Property Be Seized?

Yes. Wildlife and other property believed to be connected to the offence may be seized during an investigation where the legal requirements for seizure are met.

Depending on the circumstances, seized property may include:

• Wildlife carcasses, meat, antlers, horns, hides, feathers, eggs, or other parts;
• Tags, licences, permits, receipts, and hunting documents;
• Firearms, bows, ammunition, or hunting equipment;
• Vehicles, ATVs, snowmobiles, boats, or trailers;
• Coolers, freezers, containers, or processing equipment;
• Phones, cameras, GPS devices, computers, or electronic records where legally authorized; and
• Other property believed to provide evidence of the alleged offence.

Seizure means the property was taken into official custody.  It does not automatically mean ownership has been permanently lost.

Forfeiture means ownership is permanently transferred to the Crown.  Wildlife connected to an offence may be forfeited following a conviction, and other property may also become subject to a forfeiture application or court order.

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

Can Illegal Possession of Wildlife Lead to Other Charges?

Yes. One investigation may result in several charges where the wildlife was allegedly hunted, tagged, transported, transferred, purchased, sold, or concealed contrary to Ontario law.

Additional allegations may involve:

• Hunting without a licence or tag;
• Hunting during a closed season;
• Hunting at night or by a prohibited method;
• Exceeding a harvest or possession limit;
• Failing to follow tagging requirements;
• Illegal transportation of wildlife;
• Unlawfully buying or selling wildlife;
• Making a false statement or obstructing a Conservation Officer;
• Abandoning edible wildlife meat; or
• Violating reporting, import, export, or documentation requirements.

Each charge has separate legal requirements.  Review every ticket or summons individually because one incident may produce several allegations with different evidence and consequences.

What Happens in Court?

What happens next depends on whether you received a ticket or summons and whether additional hunting or wildlife charges were laid.

A ticket generally provides response options and a deadline.  Paying it 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 and review disclosure.  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 determine the fine or other sentence and whether orders should be made concerning hunting privileges, forfeiture, seized property, probation, or related expenses.

Related Hunting Charges

An illegal-possession investigation may lead to other charges where additional hunting, tagging, transportation, or wildlife requirements were allegedly not followed.

• Hunting Without a Licence
• Hunting Without a Tag
• Hunting During a Closed Season
• Hunting at Night
• Hunting From a Vehicle
• Careless Hunting
• Illegal Deer Possession
• Illegal Transportation of Deer

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

• Section 12 prohibits possessing wildlife that was killed, injured, or captured contrary to Ontario law.
• You may be charged even where another person harvested the wildlife.
• The prosecutor must connect you to the wildlife and prove that it was unlawfully obtained.
• Wildlife found in a shared vehicle, residence, camp, or freezer does not automatically prove that every person present possessed it.
• The set fine for possessing illegally killed, injured, or captured wildlife is $200 before the victim fine surcharge and court costs.
• Wildlife and other property may be seized, and a conviction may lead to forfeiture or restrictions affecting hunting privileges.

Conclusion

Being charged with illegal possession of wildlife does not automatically mean you will be convicted.  The prosecutor must connect you to the wildlife and prove that it had been killed, injured, or captured contrary to Ontario law.

The source of the wildlife, licences, tags, permits, transfer records, storage arrangements, scientific evidence, witness statements, and the circumstances in which the wildlife was found may all affect the case.

Because a conviction may result in fines, forfeiture, seized-property consequences, or restrictions affecting hunting privileges, it is important to understand the precise allegation before paying a ticket, entering a guilty plea, or responding to a summons.