Implied right of access: knowing when it is acceptable to hunt on this land
White-tailed deer season opened last Monday in Saskatchewan, and although hunters who enjoy pushing the bush or swamp to find their deer are likely aware of the implicit right of access to land that has no “no hunting” signs posted, road warriors require permission from the landowner in all cases.
This is according to conservation officer Lindsey Leko of the Saskatchewan Ministry of the Environment, who said quads are a type of vehicle prohibited from being used with firearms.
“In all areas around Weyburn, for example, you can legally drive [regular vehicles]”He noted.” The only problem is that you need to have written permission from the landowner. So if you’re driving in and around a swamp, or something like that, it’s legal, as long as you have that written permission. ”
If you don’t have written permission, he said, then it’s a violation.
“As long as you follow the posted signs, you know, whatever signs are posted. If it’s not posted, hunters have the implied right of access right now,” he explained. “But if it’s posted, you have to follow whatever conditions they want. If the sign says ‘no hunting,’ that doesn’t necessarily mean it’s not hunting. You can still go. as long as you have permission from the landowner. But if you are going to drive, you must have written permission from the landowners. ”
Leko said it was ultimately an ethical issue.
“It’s just being courteous,” he commented. “You know, farmers, they just want to know who’s out there on their land and that’s part of it.”
He said landowners should post a sign to avoid confusion if they don’t want anyone to hunt in the bush on their land.
“We have no recourse for this,” he explained. “If the landowner comes and tells you to go, then you have to go. If you don’t, well, we can look at other options. But yes, if the sign is not posted, we cannot do so under the Wildlife Act. This is why I use the word implicit right of access. “
Conservation officers are investigating an illegal spill. Read more HERE.