banger17
Well-Known Member
dont keep to yourself, you started the thread for a reason and you knew it would be a hot topic!
Drinking aboard your boat!
- Thread starter dougthefisher
- Start date
dont keep to yourself, you started the thread for a reason and you knew it would be a hot topic!
This is a public forum - where thoughts and comments are welcome - as far as I am concerned. I am sensing there are differences in definitions between what some people think are either "safe" and/or "legal".
AS far as I am concerned - the police already have adequate tools to enforce "under the influence" laws. The ever-continuing drop over the years in DUI convictions should demonstrate that these newer laws have had an effect.
I am therefore *NOT* comfortable in relying upon a cops "interpretation" that my boat is "public place" so that they can twist the laws to make it easy for them, anymore than I think we need Bill C51. This government is all about control and intimidation. Most times - not only is it anti-productive, unnecessary and paternalistic dribble - it is also often anti-democratic. I think the "public" clause in the Provincial Liquor Act (i.e.: boats becoming a "public space" when two or more vessels join up together...) needs to be challenged in court - and if the court agrees - to strike it down. It wouldn't be the 1st ill-written clause to be struck down in Canada.
On the "under the influence" clauses - they are ok - and the cops have used these for years. I am in agreement with them - as are others.
I'm really not understanding what appears to be frustrating you, Doug.
AS far as I am concerned - the police already have adequate tools to enforce "under the influence" laws. The ever-continuing drop over the years in DUI convictions should demonstrate that these newer laws have had an effect.
I am therefore *NOT* comfortable in relying upon a cops "interpretation" that my boat is "public place" so that they can twist the laws to make it easy for them, anymore than I think we need Bill C51. This government is all about control and intimidation. Most times - not only is it anti-productive, unnecessary and paternalistic dribble - it is also often anti-democratic. I think the "public" clause in the Provincial Liquor Act (i.e.: boats becoming a "public space" when two or more vessels join up together...) needs to be challenged in court - and if the court agrees - to strike it down. It wouldn't be the 1st ill-written clause to be struck down in Canada.
On the "under the influence" clauses - they are ok - and the cops have used these for years. I am in agreement with them - as are others.
I'm really not understanding what appears to be frustrating you, Doug.
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scott craven
Well-Known Member
You can read the law to the letter if you want to, but a couple guys fishing for an afternoon sharing
a 6 pack is not likely to cause too many problems.
a 6 pack is not likely to cause too many problems.
just looked it up:
http://www.bclaws.ca/Recon/document/ID/freeside/00_96267_01#section1
Definitions and interpretation section of the Provincial Liquor Act states:
""public place" includes
(a) a place, building, passenger conveyance, boat or land to which the public resort or are permitted access; and
(b) a motor vehicle located on land to which the public resort or are permitted access;"
really - this is cops "making it up as they go" here...
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dougthefisher
Member
what frustrates me is that people think just because THEY dont like a law they can ignore it or feel above it. this is 2015 not 1970. as far as i am concerned if you drink and operate a vehicle it should be a 2 year jail sentence and a $5000 fine. even if its just 1 drink. its not rocket science the distuction that alcohol causes. i have no respect for anyone who drinks and takes the wheel of anything.
banger17
Well-Known Member
Doug... yes its 2015, and the deaths and associated injuries and accidents related to drinking and bonehead decisions is less than 1970! I like to have a beer or two on my boat, I DO NOT think i am above the law in any regard, I choose to have a drink in what I consider a responsible manner while enjoying my vacation in the middle of nowhere! I am glad you have the penalties pegged for when i get caught for sharing my 6 pack with my 1-2 pals on board.
walleyes
Crew Member
I make no judgement calls on anyone,, Lord knows I struggled with alcohol for years.. Although I have stopped drinking of any sort (it was all or nothing with me) I still allow it in my boat within reason if my passengers want a beverage. Only deal is that I make,, if we get caught with it,, it's not mine,, they take responsibility for it. I see nothing wrong with people enjoying themselves (if that's what it takes) responsibly.
I do know out in BC they are a lot more leaneant about it than they are in AB.. Out here there is zero tolerance on the subject. Over the years I have been checked numerous times while out in BC and never asked about alcohol,, in AB it's one of the main reasons they check,, it's their first question. They will fine you on the spot and take your alcohol..
I do know out in BC they are a lot more leaneant about it than they are in AB.. Out here there is zero tolerance on the subject. Over the years I have been checked numerous times while out in BC and never asked about alcohol,, in AB it's one of the main reasons they check,, it's their first question. They will fine you on the spot and take your alcohol..
Doug - those laws have been on the books for years now - and have been quite effective. I have not yet heard anyone say driving "under the influence" is ok - or that those specific clauses should be scrapped. Just the cops interpretation of what they think "public" should mean. That to me is truly "dont like a law they can ignore it or feel above it".
scott craven
Well-Known Member
Wow, some murderer's get away lighter...
Kildonan
Well-Known Member
I was stopped by the police when out fishing last summer and one asked how the fishing was. There were two adults on board. I lifted the lid on the cooler and showed him the fish, the cooler also contained a bag with the remains of a 6 pack of beer in there and two empties... He said nothing and congratulated me on having some nice fish in the box and told me to enjoy my day.
Nobody was shittered, if they were maybe things would have ended differently.
Nobody was shittered, if they were maybe things would have ended differently.
salmon slayer
Active Member
Amazing, 33 posts in 10 hours arguing(discussing) how a law is written and how it will be interpreted by law enforcement. We are all big boys and if you get caught, you do the time(fine) if enforcement wants to. Why does this site continue to be critical instead of informative. It's easy for people to criticize, bash and complain, but few encourage and give solutions. For those that are just fishermen ask and learn. For those that are experienced or guides, teach the others that want to learn.
Sent from my iPad using Tapatalk
Sent from my iPad using Tapatalk
In one word SS - yea!
Yea - we live in a country where we have electricity, internet, computers, time, access, and ... caring.
We all care here and are participating in education, governance and life - rather than Nintendo and sit coms.
I'm felling pretty blessed right now that we do have this opportunity to participate in some form of prep for democracy and governance, and resource management - and the opportunity to connect over these things we care about. that's why we all post and connect. this is a good thing...
thank you all.
Yea - we live in a country where we have electricity, internet, computers, time, access, and ... caring.
We all care here and are participating in education, governance and life - rather than Nintendo and sit coms.
I'm felling pretty blessed right now that we do have this opportunity to participate in some form of prep for democracy and governance, and resource management - and the opportunity to connect over these things we care about. that's why we all post and connect. this is a good thing...
thank you all.
from:
http://www.statcan.gc.ca/pub/85-002-x/2013001/article/11739-eng.htm
History of selected amendments to the Criminal Code
1921: Parliament creates, under the Criminal Code, the summary conviction offence of driving while intoxicated.
1969: The 1921 offence of driving while intoxicated is repealed. The offence of driving while impaired is retained and the “exceeds 80 mg of alcohol in 100 ml of blood” offence and the refusal to provide a breath sample on an “approved instrument” offence are added as summary conviction offences.
1985: The prohibition of operating a vehicle while impaired is extended to aircraft and vessels. The maximum sentence is raised to 14 years where impaired operation causes death and to 10 years where it causes bodily harm. A mandatory driving prohibition period is introduced and some adjustments are made to penalties.
1999: Driving with a blood alcohol concentration exceeding 160 mg of alcohol per 100 ml of blood becomes an aggravating factor. Judges can now impose treatment or the use of an ignition interlock device. Driving prohibition periods are increased and the minimum fine for a first impaired driving offence is raised from $300 to $600.
2000: The maximum penalty for impaired driving causing death is increased to life imprisonment.
2008: The minimum fine for a first offence is raised from $600 to $1,000. The minimum penalty for a second offence goes from 14 days to 30 days and for a subsequent offence, from 90 days to 120 days. Also, Parliament introduces new provisions limiting recourse to the so-called “two-beer” defence, which allowed the defence to dispute the results of samples by bringing in an expert to assess the state of inebriation based on the number of drinks consumed, the physical characteristics of the accused and the amount of time during which alcohol was consumed (Department of Justice Canada 2008). Moreover, police are now allowed to perform roadside analysis and assessment of drivers suspected of drug impairment.
Attachments
Doug might be onto something wrt boating and alcohol:
Red Cross statistics: 37% of boaters in Canada admit to consuming alcohol every time they boat. 66% report they drink alcohol sometimes when boating. Alcohol is a factor in over 40% of recreational boating fatalities. Alcohol is a major contributing factor in drowning among men (51%) especially when powerboating (50%). 75% of boating deaths occur on inland rivers, lakes and streams; with 53% occurring on the lakes and 22% on the river and streams - the other 25% occurs on the salt chuck. 75% of boating deaths occur in the recreational sector; with 33% of that in power boating, 27% attributable to fishing and 13% by canoeing. see: http://www.cmla.org/papers/PresentandFutureHangoversinCanadianLawofRecreationalWatercraft.pdf
Red Cross statistics: 37% of boaters in Canada admit to consuming alcohol every time they boat. 66% report they drink alcohol sometimes when boating. Alcohol is a factor in over 40% of recreational boating fatalities. Alcohol is a major contributing factor in drowning among men (51%) especially when powerboating (50%). 75% of boating deaths occur on inland rivers, lakes and streams; with 53% occurring on the lakes and 22% on the river and streams - the other 25% occurs on the salt chuck. 75% of boating deaths occur in the recreational sector; with 33% of that in power boating, 27% attributable to fishing and 13% by canoeing. see: http://www.cmla.org/papers/PresentandFutureHangoversinCanadianLawofRecreationalWatercraft.pdf
cuttlefish
Well-Known Member
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