Q: What rights do hunters have? What rights do landowners have when it
comes to dealing with hunters? Readers have outlined problems they have
had.
“Last hunting season three people walked through our yard, past our
house and a running vehicle and said nothing. A few days later, we
discovered a bullet hole in the window of our camper, which sits 30
feet from our back door.”
Another reader complained, “the night hunters come out and, starting
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just after sunset, keep blasting away in the dark.”
A: First, let me correct a popular misconception. Hunters do not have
any special rights to wander across private land without permission of
the landowner or a tenant. A hunter who does so is a trespasser. It
doesn’t matter whether the land is posted “no trespassing” or not, it’s
still trespassing.
Many provinces make trespassing a provincial offence. Alberta and
Manitoba, but not Saskatchewan, have petty trespass acts. In Alberta,
anyone trespassing on land on which there is a “no trespassing” sign or
anyone who has been advised not to trespass and does so, is guilty of
an offence with a maximum fine of $100. Charges can only be laid at the
request of the owner or tenant.
In Manitoba, anyone trespassing in a wholly enclosed area or on land
that they have been asked to leave is guilty of an offence and subject
to a maximum fine of $25.
In both provinces, a landowner or tenant can physically apprehend a
trespasser and take them to a justice of the peace. Nonetheless, it is
better to call the police. The possibility for violence, which could
escalate into something serious, can result from trying to apprehend
the trespasser.
In all provinces, trespassers can be sued for all damage they cause. If
you know who the hunters are, you could sue them for the damage to the
trailer. The right to sue in civil court or small claims court
exists even if the province hasn’t made trespassing a provincial
offence.
The kinds of activities you describe are also offences under provincial
wildlife acts. First, night hunting is illegal in all provinces.
Second, unsafe hunting is an offence under the acts. In Saskatchewan,
no person “shall discharge a firearm … without reasonable
consideration for persons or without due care and attention.”
It is an offence in Saskatchewan to hunt within 500 metres of a
building occupied by people or animals, except with permission. In
Alberta, a person “shall not hunt in a manner that endangers other
persons or without regard to the safety of others.”
In Manitoba, no person shall “hunt in a manner that causes or is likely
to cause damage to crops, livestock or other property.”
It is also an offence to hunt on private property without permission.
In Alberta, this prohibition extends to the section on which the home
is located and any land within 1.6 kilometres of the section and owned
by the same person. In Manitoba, if one is charged with this offence,
the onus is on the person charged to show that he had permission to be
on the land. In Saskatchewan, it is an offence to hunt on lands posted
“No Hunting,” “No Shooting,” “No Trespassing” or similar symbols. The
signs must be posted in prominent locations and be at least 600
centimetres square.
Wildlife offences should be reported to the police or conservation
officers. Offences under wildlife acts are much more severe than
trespass offences, with fines $1,000 and higher and often carrying a
suspension of hunting privileges.
Don Purich is a former practising lawyer who is now involved in
publishing, teaching and writing about legal issues. His columns are
intended as general advice only. Individuals are encouraged to seek
other opinions and/or personal counsel when dealing with legal matters.
