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[Lee Borgersen]

Canadian Group: Obscure Law Could Lead to Charges for Anglers


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Under Canada's Criminal Code, anglers could be responsible for those who accidentally fall in their holes, no matter how small.

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Did you know that under Canada’s Criminal Code, ice fishermen are obliged to guard their fishing holes and that if anyone accidentally falls in, the angler who drilled the hole could face manslaughter charges? The Alberta Conservation Association (ACA) is now warning anglers about the law and its ramifications after being informed by lawyers that the organization could face the same legal challenges for operating surface aerators.

ACA operates aerators in 16 lakes across Alberta in an effort reduce winterkill in fish, but discovered in July that it might be liable if anybody fell in. Surface aerators work by pulling water from the surface of the water and shooting it into the air, like a fountain. This creates an air bubble underneath the aerator and helps to achieve more water circulation. The organization has done this for years with warning signs posted near the aerators warning visitors of the open ice, but have recently been told that the signs were not enough. The organization and its members could be charged with a criminal offense if someone fell through the lake. The same liability also exists for ice fishermen drilling their fishing holes.

“The likelihood of being charged is very low, but the severity of being charged is very high. If you do get charged, then manslaughter is the likely result,” ACA President Todd Zimmerling told the CBC.

Section 263 of the Criminal Code , which regards the duty to safeguard openings in ice, reads:

Everyone who makes or causes to be made an opening in ice that is open to or frequented by the public is under legal duty to guard in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.


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[jgator81]

Wow...

Canadian Group: Obscure Law Could Lead to Charges for Anglers


  ....
Under Canada's Criminal Code, anglers could be responsible for those who accidentally fall in their holes, no matter how small.

 .......
Did you know that under Canada’s Criminal Code, ice fishermen are obliged to guard their fishing holes and that if anyone accidentally falls in, the angler who drilled the hole could face manslaughter charges? The Alberta Conservation Association (ACA) is now warning anglers about the law and its ramifications after being informed by lawyers that the organization could face the same legal challenges for operating surface aerators.

ACA operates aerators in 16 lakes across Alberta in an effort reduce winterkill in fish, but discovered in July that it might be liable if anybody fell in. Surface aerators work by pulling water from the surface of the water and shooting it into the air, like a fountain. This creates an air bubble underneath the aerator and helps to achieve more water circulation. The organization has done this for years with warning signs posted near the aerators warning visitors of the open ice, but have recently been told that the signs were not enough. The organization and its members could be charged with a criminal offense if someone fell through the lake. The same liability also exists for ice fishermen drilling their fishing holes.

“The likelihood of being charged is very low, but the severity of being charged is very high. If you do get charged, then manslaughter is the likely result,” ACA President Todd Zimmerling told the CBC.

Section 263 of the Criminal Code , which regards the duty to safeguard openings in ice, reads:

Everyone who makes or causes to be made an opening in ice that is open to or frequented by the public is under legal duty to guard in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.