Issue for climbers with dogs.

[The Teth]

I have been asked if CNS would support the movement to increase restrictions on trapping and snaring here in Nova Scotia so as to reduce the chance of death or dismemberment of family pets and small children. While I do not feel it is in the best interest of CNS to get involved as an organization in any fight which does not directly effect climbing, I did feel that there would be a lot of climbers who take their dogs into the woods and would be interested in this cause. The following is the information packet submitted by Rosemary MacKenzie. I am not including her form letters, but if you email her I am sure she will send them to you.

Teth Cleveland, President of Clime Nova Scotia


DO YOU KNOW that anyone with a trapping licence (available from the Department of Natural Resources for $17.00) can place a trap or snare on your property without your permission (the only requirement is that it should be 200 yards from a dwelling, school or playground), and that if your dog or cat is caught in such a trap/snare you cannot prosecute the trapper or even know who he is.

DO YOU KNOW that anyone with a trapping licence can place a trap or snare along a road, trail, or path without posting warning signs and without any restriction on the distance a trap or snare is placed from the road, trail, or path. For your information trappers can also legally place traps along and in rivers, lakes, and streams. If fact it is legal to place traps/snares anywhere without any sort of warning to the public.

DO YOU KNOW that leghold traps are still legal in Nova Scotia. The only requirement is for the trapper to check such a trap every twenty-four hours (by which time the allimal will have chewed off his paw or frozen to death in agony).

DO YOU KNOW that the Department of Natural Resources response to people whose dogs have been caught in traps is that you should keep your dog on a leash at all times when walking in the woods (and your own property) during the trapping season and that you should not let your dog sniff along the sides of the path or trail. If you do and he gets caught in a trap it is quite legal and therefore your own fault.

I am asking you to write a letter to Richard Hurlbun, Minister of Natural Resources demanding changes to the regulations. To help you I have drafted up samples of letters which you can use and I would urge you to add your comments. You can read the regulations for yourself at http://www.gov.ns.calnatr/wildlife/ follow the links Acts and Regulations to Wildlife Regulations to Fur Harvesting Regulations.

Please send your letter to Richard Hurlburt, Department of Natural Resources, 3rd Floor, Founders Square, 1701 Hollis Street, P.O. Box 698, Halifax, NS B3J 2T9. E-mail: minQnr@gov.ns.ca

Please also consider sending a copy to your MLA. The MLA for Timberlea - Prospect is Bill Estabrooks, NDP Caucus Office, Centennial Building, Suite 1001, 1660 Hollis Street, P.O. Box 1617, Halifax, NS B3J 2Y3. Email:
billestabrooks@navnet.net

For those of you in Chester-St Margaret's, you could send a copy to John Ham.1l1; Office of the Premier, 7th Floor, One Government Place, 1645 Granville Street, P.O.Box 726, Halifax, NS B3J 2T3. Email: premier@gov.ns.ca

If you wish to write your own letter you may like to consider including some or all of the following points:

The woods and trails are unsafe for the majority of the population for five months of the year because a few people have the right to place unidentified traps and snares almost anywhere they like without notice to anyone. The number of licences issues is far outnumbered by the general population who want to use the woods for harmless types of recreation such as walking with the dog and children.

We want a safe corridor of 900 metres along all roads, trails, and paths.

Trappers must have prior written permission from landowners (private, municipal, and crown) before placing traps/snares.

Traps/snares should carry the identification of the trapper so he is made accountable for them.

Traps/snares and traplines/snarelines should be clearly marked with warning signs so that people and their dogs do not walk into them by mistake,

All traps/snares should be placed in dog and cat proof containers.

There must be strict controls over the availability and sale of traps and snares.

There must be much stricter controls on part-time trapping and trappers.

The leghold trap must be banned.

Penalties and surveillance should be increased substantially.

Thanks for your support
Rosemary MacKenzie, 67 Kingsway Drive, Stillwater Lake, NS, B3Z 1 G3 Phone: 826-1957. E-mail: rosemary.mackenzie@dal.ca

[The Teth]

Now, for my personal opinion.

As a dog owner I feel the trapping/snaring laws are way too lax and need to be updated. However, I am not sure how realistic some Rosemary’s proposed changes are. For instance if there was a safe corridor of 900m (that is just under a Kilometre) around every path, trail and road there would be very few places in NS (at least near the coast) where it would be legal to trap. While this would be fine with dog walkers, it might be just about as hard to get into law as banning trapping entirely. 20m seems like a more realistic buffer to me. I also wonder about the one about putting traps/snares in dog and cat proof containers. If it keeps the cats and dogs out, won’t it keep the mink and rabbits out too? However some of the other stuff seems to make sense. It can’t hurt to place warning signs. The critters can’t read, and it would let dog walker know to take extra precautions with their dogs in the area.

Rosemary lost her dog to a trap while she was walking it. I have seen several similar stories on the news and in the papers. It makes you think when you go out bouldering with your dog.

Teth

PS. The other take on this is that for $17 you can go climb on any private land you want (as long as it is 200 yards from a building). If anyone gives you a hard time you just say you were laying a trap line. Apparently it is not trespassing if you are trying to kill stuff.

[Guest]

that is excellent; playing the game inside the rules. I guess tb woods is on!
cstamp

[The Teth]

The catch with TB Woods is that I hear they are building their house near Blood Flame, so most of the Woods area boulders will be within 200 yards of the house. No trapping allowed. Might be best to try this loophole somewhere where CNS is not in negotiations, such as maybe Ice climbing in local gravel pits.

[dcentral]

Wow that's kind of crazy that you can trap on private land with out persmission.

Wonder if this hasn't been updated cause its not as popular anymore. Although I don't know if that's true or not. I could be huge for all I know. I've only ever known one person who trapped.

[jeremy]

No, trappers don't have to ask for permission to go on your property, nobody does. If you don't want someone on your property you have to have a no trespassing sign every 100 metres around the entire parameter, or its not illegally trespassing. Having traps set 20 metres from a road is a good idea, but marking them or making them humanly visible would not work because theves will steal them, and protesters will smash them. Making them dog/cat proof is impossible.
jeremy how, forester

[The Teth]

Hay, does anyone know which Act contains the legal definition of “trespassing” for Nova Scotia? This bit of information could be very useful for Climb Nova Scotia when considering policies around private land.

Teth Cleveland, President of Climb Nova Scoita

[Peter]

The definition is not statutory, but found at common-law:

J.S. Williams, Limitation of Actions in Canada (2nd, 1980), at page 62: "The act of intentionally or negligently entering or remaining on, or directly causing physical matter to come into contact with land in the possession of another is a trespass..."

[dcentral]

So how does that fit with what was written above? Or is what written above incorrect?

[The Teth]

Section 3 of the Protection of Property Act seem to define what sorts of trespassing are illegal in Nova Scotia, and for our purposes that is probably the important thing.

http://www.gov.ns.ca/legi/legc/statutes/protect.htm

Teth