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Hunting off of roadways
The Yukon Territorial Court ruled in 2010 that the “traveled portion” of a highway includes the entire shoulder portion (Regina v. Turner). This ruling is significant because prior to this decision the traveled portion was defined to include only that portion between the white lines.
| Hunters must be off the road completely and off the shoulder of the road before they can fire a shot. They must shoot away from the road, not across or along it. |
Hunters must be sure to hunt off the traveled portion of a highway in order to comply with the Wildlife Act:
Section 10(2) d – Careless use of a firearm.
(d) discharges a firearm, or causes a projectile from a firearm to pass, on or across the traveled portion of a road that is normally used by the public, whether or not the safety of any person actually is endangered.
The court noted that the shoulder of a highway is normally used by the public in a variety of ways. Since the shoulder is a maintained part of the highway it needs to be included in the definition of ‘traveled portion’ of the road.
In 1987, the courts ruled that the traveled portion of a highway fell between the white lines. The 2010 ruling noted that the Highways Act definition of a road, which supported the 1987 ruling, is no longer present in that legislation.
Questions & Answers
Can a hunter can no longer hunt from a road?
The court ruling means a hunter cannot shoot while on a roadway, which is now defined to include the shoulder. Hunters will have to be beyond the shoulder before they discharge a firearm.
Are there any roads where this rule does not apply?
There are no exceptions. The rule applies to any road normally traveled by the public.
Will it be possible to still hunt bears near a road?
This ruling does not change the law as it applies to bear hunts except that hunters must be off the road before they can shoot.
Contact Conservation Officer Services Environment Yukon Government of Yukon Box 2703 (V-18) Phone (Whitehorse): 867-667-8005 Fax: 867-393-6206 Email: coservices@gov.yk.ca Regional Conservation Offices:
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