Trespassers could face a $2,000 fine under a new Saskatchewan law that took effect July 1.
Under the Trespass to Property Act, police can issue a ticket to anyone who refuses to leave private or commercial property or who ignores posted no trespassing signs.
Police can also arrest people who refuse to comply with the act.
The law makes it an offence to go onto enclosed or other lands without permission, whether or not signs are posted, or to remain on someone’s property after being told to leave.
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David Marit, president of the Saskatchewan Association of Rural Municipalities, said the new act will be welcomed by rural Saskatchewan.
“I think it probably stems from what’s happening with stolen property that’s happening out in rural Saskatchewan. It used to be adjacent to the larger centres, but it’s moving out and I think there was just a need to address that,” he said.
“I think a $2,000 fine is severe enough to deter it and I think that’s what you want. It’s pretty hard to justify to anyone that if you break a law, that you shouldn’t pay a fine.”
Saskatchewan was the only Canadian province, other than Quebec, that didn’t have a trespassing law in place.
The law will not prevent activities that are protected by the Charter of Rights and Freedoms, such as picketing on public property and peaceful demonstrations or rallies at the legislature.
It does not change trespassing rules contained in other provincial legislation, such as the Wildlife Act and the Snowmobile Act.
Enforcement issue
Richard Danyliuk, a Saskatoon lawyer, thinks the new act is a step in the right direction for protecting the rights of rural landowners, but isn’t sure how it will be enforced.
“It’s now an offence and granted it’s only a fine, only two grand, but it’s still in the category of a criminal offence,” he said.
“The idea here was that this would assist people like the farmer in terms of keeping people off his land … I’d be a little ticked off to find tracks all over my property.”
Marit said the law will deter trespassers and give rights to landowners regarding who they want on their properties.
“I think it’s something that had to be addressed for a long time.”
