Fishing Report Mitchell’s bay 1/31

[Fshrmn4life]

I am going to try a post some pics of walleye that I thawed and cut the brown stuff out....
The #5 pic is the brown fat that I took off, and put in the white dish...what you see is a very thin layer sliced off while the fillets are slightly frozen.
Pic #6 is the clean looking fillets...

I do the same but before I freeze mine

 

[Thirstystone]

Obviously because fish are identified by there skin the fish depot doesn't know where that fish is all headed. Also to note its illegal to store or transport some species in some areas with the skin off even if it's personal. I know aguy who got off lucky and the mnr only look the cooler of fish.

Hi Springbok.....Is that word look right or is it supposed to be took .... Just wondering ..

 

[DaveJ]

They need a warrant to check your home… so don’t F anything up on the water and your home freezers contents are between you and the
Missus

Anyone can go to Steelheads in St Thomas..or Loblaws, etc and buy 100lbs of walleye and put it in the freezer without skin. You dont have to have any receipt. Skin on, packaging to identify # of fish is for transporting or storing before transporting home..like from a fishing trip.

 

[Outdorman]

They need a warrant to check your home… so don’t F anything up on the water and your home freezers contents are between you and the
Missus

I do believe that MNR can enter your house when ever they want. They also have the right to examine any/all the appliances that may be storing fish at any residence you have (home/cottage/trailer/car or truck). That is different than a police officer or a Chief Firearms Officer who you never let in the door. Once in your house you might lose the ability to prevent a search and seizure. Make them stand out side or in your garage.

 

[Octavius Brine]

You are right @DaveJ ...

Plus it is the same thing as always- don't go looking for trouble and it'll be fine.

@Outdorman I am fairly sure the rule is based on a dwelling. COs shouldn’t enter a dwelling without a warrant, unless maybe in rare circumstances. But to count fish in your kitchen? Nope. But you are right- don’t invite them in! And realize that maybe the fridge in the shed might not be OK.

 

[Fishermanpaul]

This video has some answers to those questions, they talk about storage of fish and explain that they can’t just search your freezer in a dwelling but can search one in a detached garage, deer camp, etc.

 

[Porkpie]

I do believe that MNR can enter your house when ever they want. They also have the right to examine any/all the appliances that may be storing fish at any residence you have (home/cottage/trailer/car or truck). That is different than a police officer or a Chief Firearms Officer who you never let in the door. Once in your house you might lose the ability to prevent a search and seizure. Make them stand out side or in your garage.

Warrantless search of a dwelling unit is not something easily done in Canada by any enforcement agency, and rightly so. The tin shed in your backyard maybe, but if you sleep. cook and poop there not so much. Only certain things allow for warrantless entry. Cries for help from dwelling unit etc.

 

[Outdorman]

sorry to be the source of bad news, but the MNR can clearly enter and inspect your house and you can't stop them.



sorry couldn't figure out how to rotate this image, the picture is from page 10 of the 2023 Fishing Regulation Summary.

 

[Red Hering]

sorry to be the source of bad news, but the MNR can clearly enter and inspect your house and you can't stop them.

View attachment 84344

sorry couldn't figure out how to rotate this image, the picture is from page 10 of the 2023 Fishing Regulation Summary.

I had a look just now @Outdorman in the new 2024 Ontario Fishing Regulations Summary,and things by the looks of it,hasn’t changed any on this topic,and good to know about this.

 

[DaveJ]

Ive had this conversation in person with Ed Burlew...one of the best lawyers for firearm related incidents, police and MNR actions. Get his book...

Canadian Shooters Rights..​

Everyone should have his book at their front door!!
We talked about MNR/police powers including searches and he is very very clear...dont ever give them permission to enter your home..ever..even if they are nice and polite or intimidating and threatening. If they have a warrant they wont ask for your permission. If they come in against your will, let them but say NOTHING..duct tape across your mouth is a defence lawyers best friend. Anything they get out of this type of warrantless search has to be justified in court and can be challenged and thrown out..but if you give consent, you're screwed.

Here is a true story that highlights what can go sideways in a search.

A hunter I know had the MNR show up at his home. He was part of a moose hunting group that had encroached on a local groups territory up north. The locals were pissed off, so they called the MNR and reported his group had shot a cow moose without a cow tag. He was confident all of his meat in the freezer was legal, labelled, etc so he let them in. They seized ALL the meat in his freezer including venison to be tested...but..he also had 1 lb of pot in the freezer(he forgot). Now they call the OPP because of the pot (illegal back then). OPP show up..dont need a warrant now. They look around the basement with the freezer and find a box of shotgun shells on his bench. Now they have the right to see his firearms. He opens a storage locker, and OPP find his grandfathers old WW2 german pistol he had left him...a relic but unregistered, etc.

He ended up with multiple charges. He pled to possession of pot for personal use (they had charged him with possession to distribute), improper storage of ammo...he forfeited the old handgun. MNR eventually tested the meat..no charges but he never got any of his meat back. $25K in legal bills, gun ban for 2 years.

Police and MNR at your door aren't there out of the blue, and aren't your buddies. They are there for one purpose..to gather evidence to charge you. Don't help them.

 

[Octavius Brine]

Not looking to argue here, what I really wish for is some ICE so we could be out there actually fishing and not just talking about it! Also not saying anyone should bend any rules, but it does help to know.

You have to read the act ... these regulation summaries are not the laws. They are the short version that is less painful to read and more useful to distribute in hunting and fishing stores etc.

Canada Wildlife Act

Federal laws of Canada

laws-lois.justice.gc.ca

• Dwelling-place
  (3) The wildlife officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.
  
  
• Warrant
  (4) Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that
  • (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place,
  • (b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and
  • (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,
  • the justice may issue a warrant authorizing the wildlife officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.

The parts in other sections about entering a dwelling without a warrant are mainly with Firearms offences or in circumstances that none of us would find ourselves in (i.e. good law abiding citizens who may freeze their fish with the skin off sometimes ).

If I understand properly, it is also linked to the charter of rights and freedoms not to have officers enter your home without a warrant or strong suspicions of immediate dangers etc, which is why you won't see it allowed by some other laws/regulations.

 

[DaveJ]

Not looking to argue here, what I really wish for is some ICE so we could be out there actually fishing and not just talking about it! Also not saying anyone should bend any rules, but it does help to know.

You have to read the act ... these regulation summaries are not the laws. They are the short version that is less painful to read and more useful to distribute in hunting and fishing stores etc.

Canada Wildlife Act

Federal laws of Canada

laws-lois.justice.gc.ca

• Dwelling-place
  (3) The wildlife officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.
  
  
• Warrant
  (4) Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that
  • (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place,
  • (b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and
  • (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,
  • the justice may issue a warrant authorizing the wildlife officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.

The parts in other sections about entering a dwelling without a warrant are mainly with Firearms offences or in circumstances that none of us would find ourselves in (i.e. good law abiding citizens who may freeze their fish with the skin off sometimes ).

If I understand properly, it is also linked to the charter of rights and freedoms not to have officers enter your home without a warrant or strong suspicions of immediate dangers etc, which is why you won't see it allowed by some other laws/regulations.

Great info..and it underscores why you NEVER give consent. If you do give consent, you can withdraw it at any time and they are to leave.
A warrant usually is specific about what and where they can search and why. If you consent to a search, it may not be limited.

...and you're right...what kind of law abiding good citizen would ever freeze their fish without the skin on?
I even leave the hair on my venison...

 

[Porkpie]

sorry to be the source of bad news, but the MNR can clearly enter and inspect your house and you can't stop them.

That’s a summary as has been pointed out to you. The test in Canadian law for warrantless entry to a “dwelling unit”. (Eat, sleep, poop) is very high. Even fish cops need warrants for entry to a dwelling unless of course in the highly unlikely scenario that they see someone from the front door attempting to flush frozen bags of perch down the toilet….. and yes I made that deliberately ridiculous. That might meet the standard for entry to prevent the destruction of evidence. Otherwise…… warrant!