Acts and Regulations

F-14.1 - Fish and Wildlife Act

Section 108
Disposition versions

Full text
Evidence – carcass, trap or snare, poison
108(1)Where, on the prosecution of a person with respect to an offence under paragraph 32(1)(a), it is proven that the person charged or any person accompanying the person charged had in his possession the carcass of a bear, moose or deer or any part thereof in such a condition as to have been taken during the closed season such evidence shall be prima facie proof that he did hunt the bear, moose or deer the whole or a portion of which he or any person accompanying him is found in possession.
108(1.1)Where, on the prosecution of a person with respect to an offence under paragraph 34(2)(b) or (3)(b), it is proven that the person charged or any person accompanying the person charged had possession of all or any portion of the carcass of a beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox in such a condition as to have been taken during the closed season, such evidence shall be proof in the absence of evidence to the contrary that the person did hunt, trap or snare the beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox in question during the closed season.
108(2)Where, on the prosecution of a person with respect to an offence under paragraph 32(1)(c), it is proven that the person charged or any person accompanying the person charged had in his or her possession
(a) the carcass of a bear, moose or deer or any part thereof in such a condition as to have been taken by means of a trap or snare, or
(b) in a resort of wildlife, a trap or snare capable of or designed for the purpose of entrapping or ensnaring a bear, moose or deer,
such evidence shall be prima facie proof that the person was hunting bear, moose or deer by means of a trap or snare.
108(2.1)Where, on the prosecution of a person with respect to an offence under paragraph 34(3)(b), it is proven that the person charged or any person accompanying the person charged had possession of
(a) all or any portion of the carcass of a beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox in such a condition as to have been taken by means of a trap or snare, or
(b) in a resort of wildlife, a trap or snare capable of or designed for the purpose of entrapping or ensnaring a beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox,
such evidence shall be proof in the absence of evidence to the contrary that the person was trapping or snaring beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox, as the case may be.
108(3)Where, on the prosecution of a person with respect to an offence under paragraph 32(1)(e), it is proven that the person charged or any person accompanying the person charged had in his possession
(a) the carcass of any wildlife or fish in such a condition as to have been poisoned, and
(b) a poison of the same type used to kill the wildlife or fish referred to in paragraph (a),
such evidence shall be prima facie proof that he did poison the wildlife or fish of which he or any person accompanying him is found in possession.
1983, c.4, s.7; 1991, c.43, s.29; 1992, c.1, s.8; 1993, c.24, s.5; 1997, c.1, s.35
Evidence
108(1)Where, on the prosecution of a person with respect to an offence under paragraph 32(1)(a), it is proven that the person charged or any person accompanying the person charged had in his possession the carcass of a bear, moose or deer or any part thereof in such a condition as to have been taken during the closed season such evidence shall be prima facie proof that he did hunt the bear, moose or deer the whole or a portion of which he or any person accompanying him is found in possession.
108(1.1)Where, on the prosecution of a person with respect to an offence under paragraph 34(2)(b) or (3)(b), it is proven that the person charged or any person accompanying the person charged had possession of all or any portion of the carcass of a beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox in such a condition as to have been taken during the closed season, such evidence shall be proof in the absence of evidence to the contrary that the person did hunt, trap or snare the beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox in question during the closed season.
108(2)Where, on the prosecution of a person with respect to an offence under paragraph 32(1)(c), it is proven that the person charged or any person accompanying the person charged had in his or her possession
(a) the carcass of a bear, moose or deer or any part thereof in such a condition as to have been taken by means of a trap or snare, or
(b) in a resort of wildlife, a trap or snare capable of or designed for the purpose of entrapping or ensnaring a bear, moose or deer,
such evidence shall be prima facie proof that the person was hunting bear, moose or deer by means of a trap or snare.
108(2.1)Where, on the prosecution of a person with respect to an offence under paragraph 34(3)(b), it is proven that the person charged or any person accompanying the person charged had possession of
(a) all or any portion of the carcass of a beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox in such a condition as to have been taken by means of a trap or snare, or
(b) in a resort of wildlife, a trap or snare capable of or designed for the purpose of entrapping or ensnaring a beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox,
such evidence shall be proof in the absence of evidence to the contrary that the person was trapping or snaring beaver, bobcat, fisher, marten, mink, otter, raccoon or red fox, as the case may be.
108(3)Where, on the prosecution of a person with respect to an offence under paragraph 32(1)(e), it is proven that the person charged or any person accompanying the person charged had in his possession
(a) the carcass of any wildlife or fish in such a condition as to have been poisoned, and
(b) a poison of the same type used to kill the wildlife or fish referred to in paragraph (a),
such evidence shall be prima facie proof that he did poison the wildlife or fish of which he or any person accompanying him is found in possession.
1983, c.4, s.7; 1991, c.43, s.29; 1992, c.1, s.8; 1993, c.24, s.5; 1997, c.1, s.35