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Interesting case yesterday in Moncton:

By Craig Babstock
Times & Transcript Staff

A Port Elgin man has been ordered to serve a seven-day jail term after a judge denied his appeal in an illegal moose meat case.

"He was disappointed," says local lawyer Eric Aucoin. "His faith in the administration of justice has been affected."

The lawyer says they don't disagree with the judge's decision as much as they disagree with the legislation that requires a mandatory minimum seven-day jail term for being caught in possession of illegal moose meat.

"The judge's hands are tied in a case like this," says Aucoin, who believes his client has already turned himself in to start serving the sentence on weekends.

Boyne Murphy was charged after Department of Natural Resources conservation officers searched his Port Elgin residence on Jan. 10, 2008 and found moose meat in his freezer. The matter went to trial and Aucoin argued the search was illegal and violated his client's rights.

Provincial court Judge Pierre Arseneault ruled the search was legal, meaning the meat found by the officers was admitted into evidence. Murphy was subsequently found guilty and sentenced to a $1,000 fine and the mandatory seven days in jail.

With the consent of the Crown prosecutor, the judge granted Murphy a stay of sentence to give him time to make his appeal and constitutional challenge. That hearing was held Nov. 12 and Aucoin argued the seven days were too strict.

He said if someone illegally kills a moose they should go to jail, but his client was given a gift of moose meat and he only had three steaks in his freezer. He didn't know it was illegal.

Crown prosecutor Anthony Allman argued that there are steps that can be taken to determine if moose meat is legal, but Murphy did nothing.

Justice George Rideout gave a written decision in the case recently and ruled against the appeal and found no breaches of Murphy's rights. Rideout said the trial judge concluded Murphy waived his right to counsel when the Department of Natural Resources officers showed up at his house to look for meat and he gave them permission to enter his home and search the freezer. The judge heard nothing during the appeal hearing that would make him overturn the trial judge's decision.

Rideout ordered Murphy to surrender himself to the terms of his conviction.

Aucoin says he still thinks the punishment is too harsh for the crime, but the only solution at this point would be for the province to amend the Fish and Wildlife Act.

"If anyone is given moose meat, they'd better do an investigation into where it came from," advises the lawyer.
 

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I have no pity on him!!! I would bet he knew who shot it and if they had a license or not.
too much of this happening and good to see they are finally cracking down
 

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Interesting case yesterday in Moncton:

By Craig Babstock
Times & Transcript Staff

A Port Elgin man has been ordered to serve a seven-day jail term after a judge denied his appeal in an illegal moose meat case.

"He was disappointed," says local lawyer Eric Aucoin. "His faith in the administration of justice has been affected."

The lawyer says they don't disagree with the judge's decision as much as they disagree with the legislation that requires a mandatory minimum seven-day jail term for being caught in possession of illegal moose meat.

"The judge's hands are tied in a case like this," says Aucoin, who believes his client has already turned himself in to start serving the sentence on weekends.

Boyne Murphy was charged after Department of Natural Resources conservation officers searched his Port Elgin residence on Jan. 10, 2008 and found moose meat in his freezer. The matter went to trial and Aucoin argued the search was illegal and violated his client's rights.

Provincial court Judge Pierre Arseneault ruled the search was legal, meaning the meat found by the officers was admitted into evidence. Murphy was subsequently found guilty and sentenced to a $1,000 fine and the mandatory seven days in jail.

With the consent of the Crown prosecutor, the judge granted Murphy a stay of sentence to give him time to make his appeal and constitutional challenge. That hearing was held Nov. 12 and Aucoin argued the seven days were too strict.

He said if someone illegally kills a moose they should go to jail, but his client was given a gift of moose meat and he only had three steaks in his freezer. He didn't know it was illegal.

Crown prosecutor Anthony Allman argued that there are steps that can be taken to determine if moose meat is legal, but Murphy did nothing.

Justice George Rideout gave a written decision in the case recently and ruled against the appeal and found no breaches of Murphy's rights. Rideout said the trial judge concluded Murphy waived his right to counsel when the Department of Natural Resources officers showed up at his house to look for meat and he gave them permission to enter his home and search the freezer. The judge heard nothing during the appeal hearing that would make him overturn the trial judge's decision.

Rideout ordered Murphy to surrender himself to the terms of his conviction.

Aucoin says he still thinks the punishment is too harsh for the crime, but the only solution at this point would be for the province to amend the Fish and Wildlife Act.

"If anyone is given moose meat, they'd better do an investigation into where it came from," advises the lawyer.
 

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Natural Resources officers don't just pick people at random and ask to go look in their freezers. They must have had their eye on this guy for some sort of wildlife infraction and whether or not they got him for what they originally were looking for we probably will never know, but they got him for something. I'm thinking that if somebody found a few steaks in your freezer they would probably look the other way or give you a chance to prove the meat was gotten legally, however, if they knew you were up to something crooked they'd get you for whatever they could and no mercy. The fact that the fella didn't attempt to show he got the meat from a legal moose speaks volumes to me, meaning he couldn't come up with a legal source like "my buddy Bill got a moose this year and gave me some steaks" He came up with nothing cause he's protecting the source (which just might be himself) anyway, it all looks a little slippery to me and I think its a righteous bust.
He may just have the rest of the moose stashed offsite somewhere and just brings home what he wants from time to time and the DNR got lucky with the timing, or they had a tip from some concerned citizen.
 

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actually it was some nut wanting $$$$ from crime stoppers.
I'm all good with that. Its pretty common knowledge the crimestoppers is about criminals turning in criminals, whatever works...
 

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Discussion Starter · #9 ·
Crimestoppers, eh? That explains why they had no warrant.
I was fortunate enough to watch a case go through the system in which the law on "entrapement" was tested. It passed the test.
It's an interesting tale but sorry it's a bit long.
As I recall it, someone called Crimestoppers and informed them that a guy in the Sackville area had illegal moose meat in the freezer located in his basement, as well as in a freezer in his barn.
The wardens went to the judge (I think it was Judge Irwin Lampert but could be wrong, it was a long time ago) and sought a search warrant but the judge wouldn't give them one on the basis of an anonymous Crimestoppers tip. Usually, to get a warrant, you need to have the name of someone and that persons grounds for their belief that a crime has been committed. They don't just ahnd 'em out like Chicklets.
So anyway, the wardens didn't get their paper but they thought up a pretty smart plan.
They called the guy on the phone and said something like, "You don't know me, but I happen to know about the moose meat in your basement and in your barn, and I also know you are going to get busted by the wardens in about two hours. You'd better get that stuff outta yer house now." Then they hung up.
They then watched buddy runnign around his house like a mad man, whipping boxes of something into his truck, from both his basement and his baby barn.

They intercepted him as he drove away and busted him. He was found guilty. He appealed on the basis of entrapment but lost in the NB Court of Appeal.
Personally, I thought the whole thing was pretty funny and was glad he got what he had coming to him.
 

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Natural Resources officers don't just pick people at random and ask to go look in their freezers.
Actually I personally know a DNR officer who did just that.

Round about June or July he went to the homes of several local hunters known to bag a lot of game. He asked to look in their freezers. Funny thing is, several of them allowed him to do it. Nobody had any game meat left over, as far as I know.
 

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Actually I personally know a DNR officer who did just that.

Round about June or July he went to the homes of several local hunters known to bag a lot of game. He asked to look in their freezers. Funny thing is, several of them allowed him to do it. Nobody had any game meat left over, as far as I know.
So it wasn't random then, they were targeted for whatever reason they were targeted. Known to bag a lot of game...what exactly does that mean, do they get their deer every year or are they known to bag A LOT of game and if there is legal game in the freezer then no big deal. DNR can look in my freezer anytime.
 

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"Bag a lot of game" meaning hunting a lot, getting their deer and a pile of geese. No hint of illegal activity whatsoever on the part of these hunters. I think a couple had a moose tag the year before too.

It was purely a fishing expedition to see if any of them had game left over after the June deadline. Simple as that.
 

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Im sorry to say none of you have the rigth story on this one.....The accused called a native to pick up a moose in the woods that was hung in a tree...then The native brougth the moose to the meat shop for processing. thats pretty much what was said in court on why the officer were there.then two natives were charged and one was found guilty.thats why the officer went to question the accuse in the first place.
 

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Why would they bother charging a native? It's their right to hunt anytime for as much as they feel they need.

A waste of taxpayers money. Same as buddy getting the $1000 fine, what did it cost the taxpayers to process the case, twice. Bet it was more then $1000. Plus now, we, the taxpayer have to pay to keep him in lock up for 7 days.
 

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the native was in illegal possession of a moose killed out of season by a non-native,secondly, if you let everybody do anything they want when hunting, there wouldnt be anything left. you have to draw the line somewhere.
 

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If the story about the native is true then congrats to DNR for doing their job. How many times have you saw something posted on here bashing DNR? They have a job to do same as you and me. Your job as a hunter and sportsmen is to stay inside the laws and hunt ethically and honestly. You also have a role in the continuance of hunting in this province. Playing the native game isn't good for anyone.
 

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If the story about the native is true then congrats to DNR for doing their job. How many times have you saw something posted on here bashing DNR? They have a job to do same as you and me.
Problem is, DNR practices fair weather enforcement. They go only for the low hanging fruit, and if they cant drive to the individual, there is no enforcement at all.
 

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Why would they bother charging a native
Depending when the event had taken place (and charges laid)
The Native in question was most likely charged for Hunting OUTSIDE of his/her designated treaty area.
(not for being in possession of Non-native harvested moose...)

NB was/is devided into Maliseet and Miq-maw territories by what is know as the Ganong line. (Though this has changed somewhat recently).
 

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Depending when the event had taken place (and charges laid)
The Native in question was most likely charged for Hunting OUTSIDE of his/her designated treaty area.
(not for being in possession of Non-native harvested moose...)

NB was/is devided into Maliseet and Miq-maw territories by what is know as the Ganong line. (Though this has changed somewhat recently).
the native was charged for being in possession of moose meat he did not kill.the moose was killed by a non-native, nothing to do with the Ganong line.
 
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