鶹Ƶ

Skip to content

Politics – Trespassing law needs reasonable update

“Forgive us our trespasses as we forgive those who trespass against.” One doesn’t have to especially religious to consider this passage from the Lord’s Prayer to be pretty good advice.
Mandryk

“Forgive us our trespasses as we forgive those who trespass against.”

One doesn’t have to especially religious to consider this passage from the Lord’s Prayer to be pretty good advice.

Now, it’s especially good advice for lawmakers now trying to navigate the difficult notions surrounding a landowners right to keep people tramping on their land.

In preparation for legislation expected as early as this week, the Saskatchewan government unveiled its survey results on what people would like to see in a new act Trespass to Property Act.

This is largely a rural Saskatchewan issue and not all city people are aware of what’s going on and — arguably more importantly — the consequences of what’s going on.

Besides the obvious damage to crops and endangerment of livestock, certain crops are vulnerable to disease that can simply transported by people tramping through fields.

There is a long-standing problem of hunters damaging livestock and being a threat to safety.

And damage to the land and property done by quads, snowmobiles and other vehicles has always been a thing. While some of this clearly unintentional, some of it is a result of those who have always been careless and disrespectful.

Combined with newer hunters and trekkers and we seem to have issues.

Moreover, landowners are vulnerable to lawsuit for damage people might cause themselves while being where they really should be in the first place.

For all these reasons, it makes sense for the government to review “existing legislation to better address the appropriate balance between rural land owners and members of the public.”

The government stressed that First Nations hunting and fishing rights that set out in the treaties and Constitutional guaranteed should not be effected because such rights “neither creates a right of access to privately owned land nor takes those rights away.”

Generally what the government seems to looking at in the new is meaningful changes to reverse the onus on trespassing.

One suggestion seems to involve no longer having to post land with “no trespassing” signs at specific distances. Hunters and others wishing access to land to contact the owners rather working under any assumptions that they are welcomed simple because there is no signage suggesting they are not.

It seems to make sense, but also here where things get rather complicated.

Getting permission to be on someone’s land is becoming increasingly complicated because of privacy laws and the fact that more land is owned by owners who might not be farming or living in the immediate area.

Elsewhere in the world, we are seeing what is called “right to roam” laws where the exact opposite is happening. In many European countries, trekkers on foot are gaining increased access to private land simply for the pleasure of enjoying the outdoors. Perhaps such laws are less necessary in a giant country like Canada, but it does seem to something that makes the world more neighbourly.

And then there are serious questions whether more regulation on who can come on your land will do much for rural crime.

By the same argument that tougher gun laws only hurt the law abiding, tougher trespassing laws may affect ordinary people than those with criminal intent.

In fact, it is legitimate to worry — as the Federation of Sovereign Indigenous Nations is now worrying — that people on their land without permission are up to no good.

Given the tensions we have sometimes seen between First Nations and non-First Nations people — especially in light of the Colten Boushie verdict — this could create potentially explosive situations.

Education is needed, but so is reason

Maybe we all need to take a breath and remember the prayer most of us were taught.

Murray Mandryk has been covering provincial politics for over 22 years.

push icon
Be the first to read breaking stories. Enable push notifications on your device. Disable anytime.
No thanks