O.P.P Detective-Constable Brent Nowlan – Two Charges under Fish and Wildlife Conservation Act

Update:

see source, Ottawa Citizen                                                                                         

Detective-Constable Brent Nowlan, from Leeds County, was charged with two violations of the Fish and Wildlife Conservation Act, 1997.

The two (2) hunting charges arose from an incident on November 2, 2010 in the Rideau Lakes Township on the second day of the annual deer hunt.

A Ministry of Natural Resources Manager said that the two (2) tickets issued under the Fish and Wildlife Conservation Act, 1997 and they were:

  • One for hunting on land wherein he was trespassing
  • One for “shooting” a firearm from a Public Road
  • Brent Nowlan is an Ontario Provincial Police (OPP) officer out of the Ontario Provincial Police Brockville detachment.

    LEEDS COUNTY (Brockville)
    Phone: 613-345-1790
    Fax: 613-345-3202

    Longitude: -75.780514
    Latitude: 44.626815

    Location Address
    P.O. Box 636
    4109 County Road 29
    Brockville
    K6V 5V8

    Mailing Address
    P.O. Box 636
    4109 County Road 29
    Brockville
    K6V 5V8

    It is unclear whether or not he was on duty at the time of the incident or if the Ontario Provincial Police will take any action over this incident, given his conduct (allegedly shooting a firearm from his vehicle) and the subsequent tickets he both received and promptly paid. Normally, the Professional Standards Branch would conduct an investigation into this type of incident.

    The Ministry of Natural Resouces enforcement officer could have issued simple warnings, tickets or a summons which would have forced Brent Nowlan to appear in court.  The enforcement officer issued tickets which did not demand a court appearance, similar to many tickets issued under the Highway Traffic Act and allowed Brent Nowlan to simply pay off the tickets.

    A Ministry of Natural Resources Manager said that this offence is a case of driving along a country road, seeing a deer in a field and stopping to shoot it.

    He was fined $100.00 under section 10 of the Fish and Wildlife Conservation Act, 1997 and $250.00 under section 17 of the Fish and Wildlife Conservation Act, 1997 (see Ontario Court of Justice, Set Fines, SCHEDULE 17.5 – Fish and Wildlife Conservation Act, 1997). See portions of the Act below.

    Although the fines may have totalled $350.00, he would also have to pay the Victim Fine Surcharge of $70.00, as well as the court fee of $5.00. ($430.00)

    On a $350 fine, you would have to add the victim fine surcharge (vfs) and the court cost:

    Example $100.00 fine + $20.00 vfs + $5.00 court cost = $125.00 Total Payable
    Example $250.00 fine + $50.00 vfs + $5.00 court cost = $305.00 Total Payable


    Fish and Wildlife Conservation Act, 1997

    Trespassing

    10. (1) A person shall not,

    (a) enter premises in contravention of the Trespass to Property Act for the purpose of hunting or fishing;

    (b) enter premises in contravention of the Trespass to Property Act in possession of a firearm, fishing rod or other hunting or fishing device;

    (c) engage in hunting or fishing in contravention of the Trespass to Property Act;

    (d) fail to leave premises in contravention of the Trespass to Property Act, if the person was on the premises for the purpose of hunting or fishing; or

    (e) fail to leave premises in contravention of the Trespass to Property Act, if the person was on the premises in possession of a firearm, fishing rod or other hunting or fishing device.

    Notice under Trespass to Property Act

    (2) The Minister may authorize a person to give notice for the purposes of the Trespass to Property Act with respect to hunting or fishing on Crown land.

    Interference with notice

    (3) A person shall not interfere with any signs or markings that, under the Trespass to Property Act, give notice that,

    (a) hunting or fishing is prohibited; or

    (b) entry is prohibited for the purpose of hunting or fishing.

    Parties of more than 12

    (4) A person shall not enter private land in a party of more than 12 people without the express permission of the occupier if any of the members of the party possesses a firearm or other hunting device.

    Land with crops

    (5) A person shall not, for the purpose of hunting or fishing, enter or permit a dog to enter land on which any crop is growing or standing without the express permission of the occupier.

    Crown land used for retention or propagation

    (6) A person shall not enter Crown land used for the purpose of retaining wildlife or fish, propagating wildlife or culturing fish without the express permission of the Crown.

    Railway lands

    (7) Despite the Trespass to Property Act, the occupier of railway land,

    (a) shall not prohibit hunting or fishing on the railway land and shall not prohibit entry to the railway land for those purposes; and

    (b) shall not charge any fee for hunting or fishing on the railway land or for entry to the railway land for those purposes.

    Exception

    (8) Subsection (7) does not apply in the circumstances prescribed by the regulations.

    Definitions

    (9) In this section,

    “occupier” has the same meaning as in the Trespass to Property Act; (“occupant”)

    “railway land” includes all land set apart under any Act as a land subsidy or otherwise in aid of a railway or any works related to a railway. (“terres à usage ferroviaire”) 1997, c. 41, s. 10.

    Safety and Methods

    Unsafe areas

    14. A person shall not hunt with a firearm in an area prescribed by the regulations as unsafe for hunting. 1997, c. 41, s. 14.

    Hunter clothing

    15. A person who holds a licence to hunt or trap shall, while hunting, wear coloured clothing in accordance with the regulations. 1997, c. 41, s. 15.

    Firearms, Careless use and Injuries

    Careless use

    16. (1) A person who is in possession of a firearm for the purpose of hunting or trapping shall not discharge or handle the firearm, or cause it to be discharged or handled, without due care and attention or without reasonable consideration for people or property.

    Report of injuries

    (2) A person shall notify a conservation officer as soon as practicable if an injury requiring treatment by a physician is caused by the discharge of a firearm while the person is in possession of the firearm for the purpose of hunting or trapping. 1997, c. 41, s. 16.

    Loaded firearms in hunting areas

    17. (1) A person who is in an area usually inhabited by wildlife or who is on the way to or from an area usually inhabited by wildlife shall not,

    (a) have a loaded firearm in or on a conveyance or discharge a firearm from a conveyance, except if,

    (i) the conveyance is a boat that is not a motorboat, or

    (ii) the conveyance is a motorboat and the person is hunting migratory birds in accordance with the regulations under the Migratory Birds Convention Act, 1994 (Canada);

    (b), (c) Repealed: 2009, c. 33, Sched. 22, s. 2 (10).

    (d) in a part of Ontario prescribed by the regulations, have a loaded firearm in, or discharge a firearm in or across, a right of way for public vehicular traffic; or

    (e) in a part of Ontario to which clause (d) does not apply, discharge a firearm in or across the travelled portion of a right of way for public vehicular traffic. 1997, c. 41, s. 17 (1); 2009, c. 33, Sched. 22, s. 2 (10).

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