OUTLAW EAGLE MANUFACTURING

mudslinger · Joined: 21 Jul 2010 Posts: 40

Interesting thing happened on the weekend .While being checked out by SRD they came along side one of them asked couple of questions while another hopped the gunnel right in the boat,I guess we were not fast enough showing them we had no fish but I was kind of shocked, and said we got nothing to hide and I would be more than happy to show him around the boat (compartments etc.) with no hesitation he jumped back in their boat and said have a good day and were gone just like that .My question is wtf? shocked but not surprised .,is this legal? just seemed an invasion on how he did it by not asking permission or maybe its just me.

boosted · Joined: 04 Jun 2009 Posts: 378

I'm not sure about SRD but the RCMP cannot board or search your boat/vehicle or even pull you over with out probable cause or witnessing an infraction. The only time they can is is the case of a properly setup checkstop. If they decide to search you illegally you cannot stop them but anything they find is not admissable in court as it was an illegal search and seizure.

The problem with the RCMP/SRD/Fish and Wildlife/Etc. Is that the public is uneducated and the officers enjoy an assumtion of power that they exploit. More often than not the officers get the public to incrimnate themselves by just asking questions that you don't have to answer. Most people answer them because they assume that it is illegal not to.

finally conviced her · Joined: 14 Aug 2006 Posts: 162 Location: Lacombe, AB

Boosted, I think your info about pulling you over without cause is dated. I know for a fact that it used to be that way. But I think they no longer need a reason to pull you over. But I cant imagine that our rights have slide to the fact that they can board/search without consent or probable cause tho.

If I'm wrong about the pulling you over part, please correct me because I would be more than happy to quote law and drive off if the chance was to ever arise.

shallow draft · Posted: Wed Jun 06, 2012 10:27 am Post subject:

I do think there needs to be a real legal opinion on this.
I agree that law enforcement has the right to check you for things like your operators license and boat registration papers not just numbers on the boat but the actual papers.
The actual search need "porbable cause". Remember they are very exited with their new "toys" and eager to prove that they are needed. Never offer any information that means short yes or no answers. Never give permission for a search, but never try to stop it either. They do not have the right to be on a "fishing" trip, so don't give them the probable cause they need by saying something. At the end of the day law enforcement has to justify the costs for the "fleet". This includes the cost of the boat, operational costs, training and wages for 3 guys per boat[they seem to need 3 ina boat]. This means the more tickets that can be generated the better.
This might be a very good year to be well within all the laws that could get a boater a ticket.

boosted · Joined: 04 Jun 2009 Posts: 378

Good idea. Actual law on the subject would be useful. It is/was considered profiling if they pull you over for no reason. There was no such thing as a routine stop. It violates our civil rights to be detained for no reason. Although I could be wrong

Xerophobic · Posted: Wed Jun 06, 2012 10:17 pm Post subject:

Ive read a great deal on this topic and its more than likely you would need to do a great deal of legal work to have this law do you any good whatsoever. "If" it ever got to court you need to file advanced notice of your intention to challenge the search and/or stoppage based on a charter violation. I guarantee the crown will either call in a senior person to make th arguement or just abandon it altogether. Its my feeling they would try to argue "random" boat stops are more legal becuase of the scarcity of traffic on the river etc. I would think they "may" get that past a judge for simple safety checks and life jackets etc etc There is no way in hell a judge will grant any type of random search without some form of probably cause etc Of course you are the one launching the challenge so you better have some serious time to invest or some big bucks for a lawyer.

I do recall reading something somewhere about an officers right to board your vessel, I just dont recall what act it was in.

Incidentally for anyone who recalls the Kananskis incident I went thru over a year ago: a 5 figure lawsuit has been filed against the rock thrower

boosted · Joined: 04 Jun 2009 Posts: 378

mountainman · Posted: Thu Jun 07, 2012 10:30 am Post subject:

RCMP boat pulled us over on the chuck, never even offered to board the vessel just tied up, requested lic and reg, and all safety equipment. Got off with a warning for no reg papers and told to get it or get off the water. IIRC it's a $250 fine for no papers.

I don't think they can board and search without probable cause but that being said I am pretty sure that the officers etc here are going to be out to prove themselves and the cost of the vessels.

Alumaman · Joined: 26 Jul 2005 Posts: 306 Location: Whitecourt

This link below has a lawyers comments on the subject of boarding.

Also...I'm not judging, taking sides or making a statement in support of either party. But I do believe that in general we as a boating community need to do our part to act in ways that represents our sport as being responsible and law abiding.

http://www.dieselduck.net/advocate/16.searches.htm

Itsworthit · Joined: 15 Jun 2005 Posts: 432 Location: Whitecourt

I was boarded once, but the RCMP officers asked permission to board and search, which I granted, but by just asking, maybe they have to

finally conviced her · Joined: 14 Aug 2006 Posts: 162 Location: Lacombe, AB