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| Release Date: |
May 8, 2009 |
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| Offence Date: |
December 2, 2008 |
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| Item: |
Hunt a vertebrate animal at night with lights |
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| Description: |
Boissevain Natural Resource Officers
received information from the provincial
TIP line that an individual around
Hartney was known to be hunting
whitetail deer at night using a spotlight.
Information indicated that the suspect
had already shot a deer out of season
and repeatedly drove over the animal
with the vehicle. NROs were also
informed that the suspect was known to
consume alcohol while carrying out the
poaching activities.
During the late evening of December 8,
2008 NROs observed a truck fitting the
description of the suspect vehicle turn
off of a municipal road into a field.
The vehicle only had one operating
headlight on the passenger side. The
vehicle drove slowly through the field
and appeared to be searching with the
vehicle headlight.
It then left the area and entered a
second field. The vehicle continued
searching side to side with the
headlight for approximately 1/4 mile
then a spotlight was observed shining
from the driver's side of the vehicle.
The spotlight shone from the vehicle as
it continued traveling in the field for
approximately 500 yards or 3 minutes.
At approximately 2052 hours, the vehicle
appeared to observe the NRO unit parked
in the center of the field. The suspect
vehicle’s lights went out and it took
off at a high rate of speed.
NROs activated emergency lights and
pursued the vehicle. The vehicle
continued driving without lights for
approximately 500 yards. The NRO unit
closed in and the suspect vehicle stopped.
The occupant of the suspect vehicle was
ordered out of the vehicle and to lie on
the ground. The accused was placed
under arrest; hand cuffed and read his
right to counsel and police warning. He
was also read the Young Offender warning.
The million candle power spotlight was
plugged into a vehicle adapter plug.
There was a 22-250 high power rifle
beside the drivers' seat with the safety
off and a live cartridge in the firing
chamber. There were three other live
rounds in the rifle magazine. A second
high power rifle, a .303 British, was
located behind the drivers' seat. A
baseball bat with blood on it was
located between the driver and passenger
seats and several hunting knives and
both spent and live rifle ammunition for
both rifles were recovered from
throughout the inside of the vehicle.
Blood and deer hair were located in the
truck box and also on the front bumper
of the accused's truck. An axe covered
in blood and deer hair was found in the
truck box. An open bottle of Amarula
liquor was found behind the drivers' seat.
The truck and all the hunting equipment
were seized. All the items in the truck,
not related to the night hunting were
given to the accused at his residence.
The accused was informed of the severity
of the offence and issued a summons to
appear in court for hunting a vertebrate
animal at night with lights, contrary to
The Wildlife Act.
The NRO explained to the accused that if
convicted all the seized items,
including the truck, would be subject to
mandatory forfeiture under The Wildlife
Act. The accused explained that the
truck belonged to someone else.
Hunting at night can be extremely
dangerous in populated areas such as
agro-Manitoba. In this instance, the
illegal night hunting activity was
occurring less than 2 miles north of the
town of Hartney and in an area
surrounded by residences. By firing a
rifle at night the offender would only
be able to see what is at the end of his
light. This would be extremely
dangerous to everything beyond the range
of light.
The accused was convicted on April 22,
2009. He received a $1000 fine, a 3
year suspension of hunting privileges, a
1 year mandatory probation with check in
to a youth worker, mandatory evaluation
through the Alcoholic Foundation of
Manitoba and mandatory attendance of a
hunter safety course as a refresher.
All seized items including a truck, 2
rifles and hunting gear were forfeited
to the Crown. |
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