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Author Topic: Private Property  (Read 6737 times)

~IvAn~

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Re: Private Property
« Reply #15 on: October 11, 2007, 08:09:57 PM »
Quote from: Sam Salmon on October 11, 2007, 03:46:10 PM
Quote from: johnny on October 11, 2007, 05:23:38 AM
I would welcome them to call the police and let them sort it out if it's that big a problem to fish public waters.

One thing to remember-if it is private property and you've been asked to leave 3 times and don't then you can be charged with 'Assault by Trespass'.

 Where can i find "assault by trespass" sam?  couldn't find it in the bc regs or statutes.
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Geff_t

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Re: Private Property
« Reply #16 on: October 11, 2007, 08:14:05 PM »
Quote from: jetboatjim on October 11, 2007, 06:24:57 PM
These streams you cant cross private land.....but you can wade or walk the shoreline.

as far as I know there is only one person in B.C. that still owns water rights and that is the fellow downstream of 216 th on the alloutte.

this battle has been going on for many years, I just tell the person "call the police and let them sort it out" this use to be the case on the upper/mid alloutte.

Almost all the land owners on the Allouette have water rights it is just that some of them do not mind if you walk the bank to fish. The problem is trying to figure out which ones.
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<*((((((><                        <*(((((((><                       <*(((((((><Give a man a fish and he will eat for a day, teach a man to fish and he will phone in sick to work and fish all day

purplehelmet

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Re: Private Property
« Reply #17 on: October 11, 2007, 09:35:48 PM »
(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.
R.S., c. C-34, s. 41.

f/ Criminal Code of Canada

 ;)I think the police prefer if you call them first & they witness the refusal.  However, I have on occasion, as an in-house Security Officer, arrested people for this & had them sitting cross-legged w/ handcuffs on when the police arrived.  Of course, you mush identify yourself & inform the accused what they are under arrest for (making a sincere effort to name the offence properly).
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BwiBwi

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Re: Private Property
« Reply #18 on: October 11, 2007, 10:14:11 PM »
It's important you do it right.  If you don't know what you are doing, better not hold a person in detain.  As this may leads to false imprisonment, which is another criminal offense.
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DionJL

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Re: Private Property
« Reply #19 on: October 11, 2007, 10:23:49 PM »
I was told to leave a spot just up from Thompson park.  My feet were in the water so i said "You can't own the water" he then responded "don't F*cking argue, it's private property."

I didn't leave, and he didn't come back.
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BigFisher

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Re: Private Property
« Reply #20 on: October 13, 2007, 04:32:20 PM »
lol Dion, Im pretty sure I know what property you were fishing behind. I learned the hard way. From what I hear that property infront of that deep pool is owned by the Hells angels.  :-\
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jetboatjim

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Re: Private Property
« Reply #21 on: October 13, 2007, 06:44:46 PM »
 Not true, The fella in the house has some stickers on the fence and claims his son is a member, BUT I dont think that club wants that kind of advertising. your only fishing, just tell him you wont disturb him and you wont leave a mess.
Quote from: BigFisher on October 13, 2007, 04:32:20 PM
lol Dion, Im pretty sure I know what property you were fishing behind. I learned the hard way. From what I hear that property infront of that deep pool is owned by the Hells angels.  :-\
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allwaysfishin

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Re: Private Property
« Reply #22 on: October 13, 2007, 10:26:58 PM »
jim is bang on.... that guy is a poser... and don't ask how i know that  ;D let's just say it's on good authority  8) I've called him on it..... he knows my mug well enough he doesn't bother me anymore... mind you i'm couteous and don't leave a mess. that ol rottie.. not sure if it's around anymore... always found me.. with cookie in hand hehehe was like my little buddy but he sure scared off some folks
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