Consuming alcohol while at an Ice Shack

[Guest FreshwaterFisherman]

Yes it is. You can not be drunk in public.

Brodie K.

[NorthwestHunter 27]

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

Sooooooo......your quiting smoking AND drinking???

Whats next?! You gonna stop swearing now too??

Getting soft Roger..

[Guest cmcrawfo]

Yes it is. You can not be drunk in public.

Brodie K.

I disagree.

This really comes down to how you define "intoxication" and "impairment", both are forms of drunkiness.

Legally, in Ontario, you can be impaired in public but not intoxicated.

[Guest FreshwaterFisherman]

I dont think you can legally consume alcohol in public. Pretty sure there is a law for that.

[Guest FreshwaterFisherman]

If you are caught in the public and are obviously drunk you can get charged or arrested no? This isn't an argument, drink all you want in your shack, and when wandering around try not to seem drunk. Dont drive anything after having enough to put you over the limit. Id love to be able to drink beer anywhere, but I can't, your not likely going to turn a law like that around. I just dont see the reason for discussing any further.

[Guest cmcrawfo]

I dont think you can legally consume alcohol in public. Pretty sure there is a law for that.

Yes there is, that’s what this entire discussion has been about.

However you can legally consume alcohol in a residence and in some instances a structure (like an ice hut) could be considered a residence. The challenge is the law is often ambiguous.

So, if my ice hut was classified as a residence I can consume alcohol in it, and provided I do not drink to the point of intoxication, I can then step out of my residence (the hut) in to the public space (the ice).

[Guest cmcrawfo]

If you are caught in the public and are obviously drunk you can get charged or arrested no? This isn't an argument, drink all you want in your shack, and when wandering around try not to seem drunk. Dont drive anything after having enough to put you over the limit. Id love to be able to drink beer anywhere, but I can't, your not likely going to turn a law like that around. I just dont see the reason for discussing any further.

It’s not about turning a law around. I think the law is appropriate. The purpose of discussing things like this, to help keep people on the right side of the law while enjoying themselves and their personal freedoms.

As an example, you seem to think its ok to drink in your hut...but is it? .... this is the controversy that sparked the conversation.

[Guest FreshwaterFisherman]

Yes it is, if you have somewhere to sleep, and eat.

[Guest FreshwaterFisherman]

Cook food that is.

[Guest cmcrawfo]

You would love for it to be so cut and dry. But it’s not!

The regs state; A residence may be defined as a tent, and when a tent is a residence then the area immediately surrounding the tent would be consider part of the residence. My portable hut is essentially a tent, my kit includes a camp stove and cook set and a bed roll for emergencies. (As a point of note, In this case, one could be drunk as skunk on the ice beside their tent and still be on the right side of the law).

I spoke with a detective and a constable from the local OPP detachment, they both gave different answers. I posed the same question to a criminal defense attorney; he also gave a different answer. The attorney seemed to believe that under the circumstances I described above, a charge could be easily beat, the detective said it wouldn’t be worth the time to peruse that, provided there were no other concerns, he felt the charge could be easily beat if laid. However, the constable was ready to write me a ticket right on the spot .

I don’t want a beat a dead horse, and as I seem to have repeated myself several times, so I will just leave it at that. In the end, I think it’s been agreed that most people are reasonable and understand the purpose and spirit of the laws. Besides, the time to argue any infraction is not on the side of the road, but in a court room (or a message board). Like most of you, I keep my nose clean, but if anyone wants that attorneys number.. Message me.

[Guest FreshwaterFisherman]

Well agree to disagree.