Acts and Regulations

F-14.1 - Fish and Wildlife Act

Section 109
Disposition versions

Full text
Evidence – firearm, device to enable person to see in darkness, light
109(1)Where on the prosecution of a person with respect to an offence under paragraph 33(1)(a), it is proven that the person charged or any person accompanying the person charged during the night, in a resort of wildlife at which the offence is alleged to have been committed
(a) carried, pointed or discharged a firearm,
(b) was in possession of a firearm, whether loaded or unloaded in a manner contrary to subsection 42(4) of this Act and in such a state of readiness as to be immediately available for use, or
(c) used a device designed to enable a person to see in darkness without the aid of a light in such a manner as to locate wildlife,
such evidence shall be prima facie proof that he was hunting.
109(2)Where on the prosecution of a person with respect to an offence under paragraph 33(1)(b), it is proven that the person charged or any person accompanying the person charged used, at the time and place when and where such offence is alleged to have been committed, a light capable of attracting or locating wildlife in such a manner as to locate or attract wildlife, such evidence shall be prima facie proof that he was hunting.
1983, c.4, s.7
Evidence
109(1)Where on the prosecution of a person with respect to an offence under paragraph 33(1)(a), it is proven that the person charged or any person accompanying the person charged during the night, in a resort of wildlife at which the offence is alleged to have been committed
(a) carried, pointed or discharged a firearm,
(b) was in possession of a firearm, whether loaded or unloaded in a manner contrary to subsection 42(4) of this Act and in such a state of readiness as to be immediately available for use, or
(c) used a device designed to enable a person to see in darkness without the aid of a light in such a manner as to locate wildlife,
such evidence shall be prima facie proof that he was hunting.
109(2)Where on the prosecution of a person with respect to an offence under paragraph 33(1)(b), it is proven that the person charged or any person accompanying the person charged used, at the time and place when and where such offence is alleged to have been committed, a light capable of attracting or locating wildlife in such a manner as to locate or attract wildlife, such evidence shall be prima facie proof that he was hunting.
1983, c.4, s.7