Consuming alcohol while at an Ice Shack

[Snowball 75]

http://rainyriverrecord.com/node/17495

Regards,

Snowball

[Guest cmcrawfo]

Interesting article. I would be interested in learning what defines a "private place" and under what conditions a tent is considered a dwelling.

Who doesnt take a few beer into the bush? I supose this would also apply to some hunt camps?

Unlawful possession or consumption

Definition

31.(1) In this section,

“residence” means a place that is actually occupied and used as a dwelling, whether or not in common with other persons, including all premises used in conjunction with the place to which the general public is not invited or permitted access, and, if the place occupied and used as a dwelling is a tent, includes the land immediately adjacent to and used in conjunction with the tent. R.S.O. 1990, c. L.19, s. 31 (1).

Unlawful possession or consumption

(2) No person shall have or consume liquor in any place other than,

(a) a residence;

( premises in respect of which a licence or permit is issued; or

© a private place as defined in the regulations. R.S.O. 1990, c. L.19, s. 31 (2).

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90l19_e.htm#BK36

[naden 136]

In my opinion, this law is redundant because it is already illegal to drive my snowmachine or truck while intoxicated. I can legally have a beer at my house, a friends house, bar or restaurant and drive as long as Im under the legal blood alcohol limit, but just not at my ice shack or at a shore lunch because now Im drinking in "public" ? I didnt realize enjoying a cold one on my day off made me a menace to society.

[randomheroj 16]

you can consume alcohol in your ice shack as long as it is considered a "private place". Which means it must have cooking facilities (propane stove) and sleeping facilities (bunk beds or cots). If the shack doesn't have these than you cant drink as it is believed you won't be staying there. As soon as you step outside of the shack onto the ice with a beer, it's a grey area as you now could be considered in a "public place" if the officer really wants to be a you know what. It's the same as consuming alcohol in a boat, your allowed too as long as the boat has permanent cooking and sleeping facilities and it must be anchored or docked. And no a 14ft with a hot plate and sleeping bag doesn't count. Haha.

[eddylives 99]

It seems that they are just protecting the public and people from themselves.......some have no self control to limit their consumption levels to remain within the legal limits.

[Guest cmcrawfo]

I agree, this is more of a reminder to the individuals who drink in their hut and then operate a moterized vehilce afterwards.

I dont think it the same as drininking in your boat, as your boat is a motorized vehicle. The regs also allow a tent (and the surrounding area) to be defined as a residence and not all tents can accomodate stoves and separate sleeping quarters. My huts a tent, so I guess I am ok

Then again, I usually walk in to my fishing areas and utilize a designated driver system. The law can be ambigous, but I think it should be clear that operating a motor vehicle while intoxicated is not a good idea, no matter if your on a higway or a bush road.

[Guest bigpikeseeker]

It seems that they are just protecting the public and people from themselves.......some have no self control to limit their consumption levels to remain within the legal limits.

So by this logic the law is ok?

[eddylives 99]

No it's not ok.....but the actions of a few dictate the response of "no drinking period" to be implemented.

I for one enjoy a cold beer while fishing and remain sober the whole time , others get plowed and do stupid things lol.

I think the issue is the lack of enforcement ability compared to the roads and hwy's , this has lead to an almost total ban on alcohol without the specific conditions being met.

There are many responsible people that will never be an issue.

There are others that create the horrible headlines we read about.

[Guest FreshwaterFisherman]

Blame the a$$holes out there driving drunk, fighting, wandering around getting lost, being loud, obnoxious and rude. Dont blame the mnr or opp because they want to bust you just as little as you wanna be busted, its doorknobs at places like lac that give a bad name to shack fisherman. My two cents.

Brodie K.

[McGinnis_Fishing 49]

Blame the a$$holes out there driving drunk, fighting, wandering around getting lost, being loud, obnoxious and rude. Dont blame the mnr or opp because they want to bust you just as little as you wanna be busted, its doorknobs at places like lac that give a bad name to shack fisherman. My two cents.

Brodie K.

I agree with this. We had a co come up to me and my dad out at black bay and my da had left his fishing license in the truck. Well he told the co that and he just asked to see another id so he could take down his information and check to see if he really did have a license when he got back. If im not wrong my dad could have got a fine for not carrying it with him. The co was a nice guy and didnt want to bust him just because he forgot his license but did have one.

[Gone8to1248 158]

CO's have 2 choices. They can follow :

#1: The letter of the law.

Or

#2: The spirit of the law.

Sometimes OUR actions dictate which option they will follow.

[tracker 61]

The other factor is if the shack has 2 single beds and there are 4 guys in there consuming alchohol. You had better to be ready to fess up that you and your buddy will be spooning tonight.

[Guest bigpikeseeker]

Yes, idiots get plowed and do stupid things....this law will not stop that....there are already laws on the books that make drunk driving and public drunkedness illegal. They will just do that someplace else and in order to make that happen you are accepting a limit on your freedom. Understand that laws presented to you under the guise of "protection" will invariably result in an infringement upon your personal freedoms and rights of choices. Yes, I also understand that there are horrific accidents caused by drunk driving and innocent people tragically get killed, but the only way you are going to completely eliminate that is to ban driving. So we'll just willingly accept this new law....throw up our hands and say 'oh well'. We'll just hope the OPP and COs will follow the "spirit" of the the law when they catch you having a beer in your shack....yeah, good luck with that.

[Guest FreshwaterFisherman]

You can have as many beer as you want IN your shack. I dont wander the streets with beer in town, nor do i drive to my buddies house just down the street after having a few. I've also had way more warnings than i have had actual trouble when drinking in public, by that i mean a beer while out swimming with the family or something. If your not overly loud, belligerent, disrespectful, driving drunk, than i HIGHLY doubt that a co will bust you for having a beer beside your shack. Dont wander to far, if you do leave the beer. Treat it like your drinking at home.

Brodie K.

[Lyle Reiner 174]

Cops and cos are people too. They enjoy their beer while fishing too. Like Bernie said, they base their reaction on yours in most cases. I've been told a few times to dump out my beer and keep fishing. Now I complied no prob, no ticket. I bet if I told them they were infringing on my rights and freedoms then I'd a had a fine or 6 to pay....

[Guest bigpikeseeker]

Yes, ok, some officers may be willing to tell you to dump and be on their merry way, while many others will write you the ticket. I guarantee you will have a different attitude when it is not the other guy that gets the ticket, its you. Your counting on the officer allowing you to clearly break the law and not give you a citation. Again, good luck with that. I view this as a clearly unneeded regulation.....they have just pissed on 1,000 people to get one.

[Guest FreshwaterFisherman]

Dont agree, 19 out if 20 times im CAUGHT having beer they dont do anything. I've never got in trouble and have encountered CO and OPP. I have never been sitting around pounding a 60, or been driving around after drinking, sled or truck, I have always been casually drinking a 6 or a half case between me and a bud or two, with a dd, and food on the ice, i.e. burgers, chips, beef jerky. I have had a tent set up, on lac, and been pretty drunk and still let go, I explained I picked my excluded spot so as to not bother others, we also brought food, tent warmers, survival kits, and they let me go, is it too much to ask that you keep your beer to your shack, do you really need to be wandering all over drinking? When you get busted drinking a beer within 20 feet of your shack let me know. Until than enjoy your beer. I always do.

Brodie K.

[naden 136]

Yes, idiots get plowed and do stupid things....this law will not stop that....there are already laws on the books that make drunk driving and public drunkedness illegal. They will just do that someplace else and in order to make that happen you are accepting a limit on your freedom. Understand that laws presented to you under the guise of "protection" will invariably result in an infringement upon your personal freedoms and rights of choices. Yes, I also understand that there are horrific accidents caused by drunk driving and innocent people tragically get killed, but the only way you are going to completely eliminate that is to ban driving. So we'll just willingly accept this new law....throw up our hands and say 'oh well'. We'll just hope the OPP and COs will follow the "spirit" of the the law when they catch you having a beer in your shack....yeah, good luck with that.

exactly

[Guest FreshwaterFisherman]

Give me a break, CO's aren't on camera, they dont cut you a break ever? Maybe thats a sign.

Brodie K.

[naden 136]

Brodie everyone gets what you are saying, if your not being stupid sometimes you can get away with it. But not all COs or OPP are that leniant. I havnt received a fine for having a beer around a fire or havin a shore lunch, but my point is that making it illegal to have a beer around a fire, or at a shore lunch or in your day use shack because it is "in public" is rediculous and completely redundant.

[Guest FreshwaterFisherman]

So whats your solution, drink on the ice until they let us?

Brodie K.

[Guest FreshwaterFisherman]

I see what your saying Naden. I do. Just dont know what we can do about it as long as theres a$$holes out their ruining the good name.

Brodie K.

[Some Old Guy 968]

I have been reading this thread.

Here's what I think and a couple of hypothetical questions/situations.

First off, when I have been there I have rented a shack and yes I have had a couple of beers (cases) in the shack. Beer stays inside. I don't go outside with it.

Second and I have wondered this one. let's say I leave my (rented) shack. I WALK over to a buddies shack and have a few there. What happens if there happens to be a check in tow?

Do I just say I'm staying in a shack and have to prove that? I hope that would suffice.

And yes I think there's a few (or at least one major incident I remember) things that happen out there. It's too bad that things can get out of control but think of that area as a town/city. Or even a bar!

You get that many people in an area, add booze and then it happens! It doesn't matter if you are at an event, bar, party or ice fishing. Lot's of people + booze and it's just volatile.

Roger

[Guest cmcrawfo]

My understanding of the legislation is, If the shack is classified as a residence, then it is legal to drink in it. It wouldn’t matter if it’s your residence or a friends residence. Similar to you being able to legal consume alcohol in your friends house, but not on the middle of your street. Its not unlawful to have an elevated blood alcohol level in public, so just being drunk on the ice is not an issue.

[Some Old Guy 968]

Ya know.. I think I have the solution, for me anyways. I think I'll just drink Ginger Ale and not have to worry about anything but catching fish!

Roger