Drinking aboard your boat!

[Tidal Chaos]

I am going to share a couple experiences I have had with the RCMP on and off the water regarding operating and owning a boat in regards to this thread; it may or may not lighten the mood; I have been boarded a few times on the east coast of the island and the west coast by the marine division looking for paperwork and safety items; each time I have been asked if I have been drinking; I do own a boat with everything I need to be able to consume alcohol when on anchor or tied to a dock; myself; I may have one or 2 beer after a day of fishing on the east side; west side I do not drink when I am offshore; banks or tuna; my crew can have as much as they want; but I tend not to par-take do to past experiences with wind and anomalies that can happen offshore; now back to the topic; on the water every time I have been boarded I have been asked the question and each time I have told the officers no; and each officer has been a different person; and each time there reply was "you don't have any fun when your fishing"; we have a laugh and on there way they go. But I have been checked pulling my boat back from Tofino by a road check near Kennedy lake in the off season; actually picking my boat up from RPM in March; and the officer asked me the question "have you been drinking"; I replied with no and that I just drove up to pick up my boat and turned around and am heading home; well he proceeded to climb through my window and get right in my face and proceeded to tell me that I am a fisherman and all fisherman in his experience drink and boat and then drive home; and he was certain that I had been drinking in his mind. That being said; he climbed back out of my window and took my license and regi and went back to his car; came back gave me my papers back and said have a nice day. So I think it can be said that in some officers minds; they know that drinking takes place on boats; but like on land; if you are acting drunk and irresponsible you will get different treatment by how you act when confronted; some people drink and some don't; that is their preference; how you view them is your choice; but I don't think if someone has one or 2 beer on the water they are going to be a hazard; no different than having one or 2 at a restaurant and driving home; it is their choice and as long as they are within there limits; I don't have a problem with it; if they are drunk; then they need to be dealt with. Everyone is entitled to their own opinion; but they shouldn't label anybody they know nothing about. I am 6'4, 250 pds; if you think 2 beer are going to make me drunk in the first hour; you should maybe sit down with an officer and ask him his opinion on weight to consumption and see what he says; every body processes alcohol thru their system differently and some people can consume more than others; your entitled to your opinion and I would leave it at that and leave the decision making to those with the power to make that decision on who can and can't operate a boat while consuming small amounts of alcohol.

To label everyone that consumes alcohol on a boat as impaired to some extent is wrong; I would worry more about fisherman that have been up since the crack of dawn; day after day; and are returning to the dock at dusk; they are more impaired from sleep deprivation than someone that may of had one or 2 beer but left the dock at 8 and returned at 2. This is just my opinion and experiences, take it as you will; not trying to be a dick! Don't label people you know nothing about!

 

[agentaqua]

so ... does the federal law prevail or does provincial law prevail. so far everyone is showing links to provincial drinking, which would be right if you are in a lake. But i drink and drive on federal waters, So what are federal laws? are they any different than prov?...

My understanding, Bones: both!

Ultimately all Canadian legislation/laws derive their authority from the (now, since 1982) grandfather of all legislation: The Constitution Act (1982). The Provinces have been given authority under the provincial Lands Act to regulate many things (with the exception of Federal Crown Land). If there are any discrepancies between federal and provincial legislation - the federal legislation takes precedence to the extent of the discrepancy.

Specifically, to answer your question: In a boat, on your floorboards - you are 1st on your private property - usually legislated under the Provincial Property Acts.

Your boat floats on the water column - which is regulated by numerous federal acts - such as the Oceans, Fisheries, Shipping Acts, etc. - most of which also have more detailed management regulations passed through the Canada Gazette to provide more clarity and details (manning, pollution, radiotelephone, etc.).

Provincial Acts also apply through zoning - the "bottom" of the ocean, lake or river are under the Provincial Lands Act (some exceptions here - e.g. federal crown lands, again - like Ports Canada). That is if you and your boat float within the boundaries of the land claimed by Canada (and BC) - up to 12 nautical miles offshore.

The RCMP does have the authority to enforce both Federal AND Provincial laws (e.g. Federal Fisheries and Criminal Code; Provincial Wildlife and Motor Vehicle, etc.). The RCMP is B.C.'s provincial police force - while some other Provinces (eg. Newfoundland and Labrador, Quebec and Ontario) have elected to use a different approach. Each province has a Police Act that sets out the terms by which police are governed.

In BC - under the BC Police Act, municipalities with populations over 5,000 are responsible for providing policing and law enforcement within their municipal boundaries; although many smaller municipalities hire RCMP, rather than maintaining their own force. See: http://www.bclaws.ca/civix/document/id/complete/statreg/96367_01 City Cops jurisdiction extends to the City Boundaries - wherever those boundaries are.

Sometimes those city boundaries extend into a harbour - but usually if the harbour is "large" (e.g. Vancouver, Prince Rupert, Nanaimo, etc.) - it is now federal crown land ruled over by Ports Canada. If the municipality instead hires RCMP to "serve and protect" - then these jurisdictional boundaries are moot wrt law enforcement - as the RCMP's jurisdiction extends to all of BC.

City cops have the authority to enforce many - but not all federal and Provincial Laws (federal criminal code laws or statutes containing criminal offences - but maybe not Provincial Wildlife Act, for example). Depends upon how they were incorporated and designated. Knowing where you are wrt the various tenure boundaries is always important. Again, if they hire RCMP - then the importance of these boundaries is moot wrt law enforcement.

If any designated and identified enforcement officer (operating within their jurisdictions) has "reasonable and probable grounds" that an offence has been committed or will be committed - they can enter premises for the purposes of the Acts they enforce w/o a search warrant. The "looks suspicious" defense probably won't stand-up in court any better than the "he had a stapler" defense in the Robert Dziekanski murder/manslaughter. However - If you are waving a beer in their face - well - don't expect them to say have a nice day and drive away....

That's my understanding, anyways...

 

[slaydown]

This thread went all the way left. Doug something tragic has most likely occurred in your life drinking/driving related and if that's the case I can understand your passion but boating just like driving is done responsibly by the majority and is abused by a small minority. Most of us who run a boat would not feel comfortable in anyway being on the water drunk. But to say that no one on my boat can consume alcohol at all is a joke. We all work our asses off all year to come out fishing and have a good time. As for the operator to consume a beer or two, big deal. That's what breathalyzers are for and if found drunk throw the book at him. It has gone from one extreme to another and now is at a point where freedoms are being taken away in snap judgments based on others mistakes. This is the reason why an rcmp officer decided not to enforce the law to its fullest extent, he used common sense knowing the captain was not pissed drunk and decided to ignore a part of the law that did not make sense. Doug you sound like a well spoken passionate individual. Take those attributes and maybe focus on the home invader that just killed a father in surrey. The laws that you so adamantly follow will have the killer out in less than 10 years. You see not all laws make sense now do they.

 

[MRWood]

Well said Tidal Chaos and Slaydown. Totally agree with your take on the subject.
Remember, everything in moderation except moderation

 

[agentaqua]

What about the WEED? I'd love to hear your thoughts on marijuana consumption

I think the single biggest issue around THC verses C2H5-OH inebriation - is how do you legally/scientifically/defensibly determine when someone is "under the influence" or " intoxicated"?

Alcohol impairment and testing for it - have been done successfully since 1969 using breathalyzers testing for air discharges from lungs that indicates that in your blood - alcohol “exceeds 80 mg of alcohol in 100 ml of blood”.

What about THC? What is the level of "impairment"? How would a cop test for that?

 

[agentaqua]

Well said Tidal Chaos and Slaydown. Totally agree with your take on the subject..

Totally, MRW! Agree: well said, TC and SD! I don't drink nor toke while operating a boat. I want to stay sharp. However, after work - on the hook, or tied-up...different story.

 

[tinboatrobb]

This thread is like a dog chasing it's tail. round and round and round......

 

[Rum Buddies]

 

[terrin]

I am going to share a couple experiences I have had with the RCMP on and off the water regarding operating and owning a boat in regards to this thread; it may or may not lighten the mood; I have been boarded a few times on the east coast of the island and the west coast by the marine division looking for paperwork and safety items; each time I have been asked if I have been drinking; I do own a boat with everything I need to be able to consume alcohol when on anchor or tied to a dock; myself; I may have one or 2 beer after a day of fishing on the east side; west side I do not drink when I am offshore; banks or tuna; my crew can have as much as they want; but I tend not to par-take do to past experiences with wind and anomalies that can happen offshore; now back to the topic; on the water every time I have been boarded I have been asked the question and each time I have told the officers no; and each officer has been a different person; and each time there reply was "you don't have any fun when your fishing"; we have a laugh and on there way they go. But I have been checked pulling my boat back from Tofino by a road check near Kennedy lake in the off season; actually picking my boat up from RPM in March; and the officer asked me the question "have you been drinking"; I replied with no and that I just drove up to pick up my boat and turned around and am heading home; well he proceeded to climb through my window and get right in my face and proceeded to tell me that I am a fisherman and all fisherman in his experience drink and boat and then drive home; and he was certain that I had been drinking in his mind. That being said; he climbed back out of my window and took my license and regi and went back to his car; came back gave me my papers back and said have a nice day. So I think it can be said that in some officers minds; they know that drinking takes place on boats; but like on land; if you are acting drunk and irresponsible you will get different treatment by how you act when confronted; some people drink and some don't; that is their preference; how you view them is your choice; but I don't think if someone has one or 2 beer on the water they are going to be a hazard; no different than having one or 2 at a restaurant and driving home; it is their choice and as long as they are within there limits; I don't have a problem with it; if they are drunk; then they need to be dealt with. Everyone is entitled to their own opinion; but they shouldn't label anybody they know nothing about. I am 6'4, 250 pds; if you think 2 beer are going to make me drunk in the first hour; you should maybe sit down with an officer and ask him his opinion on weight to consumption and see what he says; every body processes alcohol thru their system differently and some people can consume more than others; your entitled to your opinion and I would leave it at that and leave the decision making to those with the power to make that decision on who can and can't operate a boat while consuming small amounts of alcohol.

To label everyone that consumes alcohol on a boat as impaired to some extent is wrong; I would worry more about fisherman that have been up since the crack of dawn; day after day; and are returning to the dock at dusk; they are more impaired from sleep deprivation than someone that may of had one or 2 beer but left the dock at 8 and returned at 2. This is just my opinion and experiences, take it as you will; not trying to be a dick! Don't label people you know nothing about!

This reminds about an experience I had on the road down to PRM from Lake Cowichan a couple of years back Late on the Friday night of a Long Weekend. RCMP pull us over maybe 5 minutes out of Port Renfrew and check the trailer and lights from one end to the other and as he was looking at the Insurance papers a dirt bike skoots by from one side of the bush across the road to the bush on the other. He hands back the paperwork and tells us to have a nice day. As we turn the next corner there was a big tow truck from Sooke sitting on standby. A cash grab in the making and we were just glad we checked all of our lights prior to leaving.

 

[chris.heatley1]

This thread went all the way left. Doug something tragic has most likely occurred in your life drinking/driving related and if that's the case I can understand your passion but boating just like driving is done responsibly by the majority and is abused by a small minority. Most of us who run a boat would not feel comfortable in anyway being on the water drunk. But to say that no one on my boat can consume alcohol at all is a joke. We all work our asses off all year to come out fishing and have a good time. As for the operator to consume a beer or two, big deal. That's what breathalyzers are for and if found drunk throw the book at him. It has gone from one extreme to another and now is at a point where freedoms are being taken away in snap judgments based on others mistakes. This is the reason why an rcmp officer decided not to enforce the law to its fullest extent, he used common sense knowing the captain was not pissed drunk and decided to ignore a part of the law that did not make sense. Doug you sound like a well spoken passionate individual. Take those attributes and maybe focus on the home invader that just killed a father in surrey. The laws that you so adamantly follow will have the killer out in less than 10 years. You see not all laws make sense now do they.

I think this says it all. The rules are in place. The police enforce them. Civilians should just relax and worry about themselves. If somebody wants advice they will ask for it.

 

[rockdog]

At 170 pounds, 1 beer in one hour brings my blood to .022. 2 beers in 1 hour brings me to .044. Legal limit is .050. My body will process the alchohol at the rate of .015. You do the math, at no time would I be over the legal limit If I drank 2 beer.
I'm quite certain, the people they want off the water are the ones driving a boat after 14 beer. Not Johnny who had a beer fishing from 6am-230. Let's be realistic Doug, I read your comments and I just shake my head.

 

[Gear'n'beer!]

Rocky if your driving I'll drink my 14!