CALGARY (Staff) – Ranchers are raising a legal defence fund to help support a southern Alberta ranch’s right to control access to rented pasture.
The industry hopes to raise about $100,000 to cover legal costs faced by the OH Ranch of Longview, Alta., this fall when the Alberta Court of Appeal hears the case.
“It’s so frustrating, There’s so many pieces of legislation that deal with it. We’re hoping we’ll get something clear cut so it doesn’t keep coming up. We’re getting tired of arguing this thing all the time,” said producer Eric Butters of Cochrane.
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On side of leaseholder
In 1995, the Court of Queen’s bench in Calgary ruled in favor of crown leaseholders’ rights to control public access to pasture land rented from the province.
The OH Ranch was granted an injunction against hunter Wade Patton who was on the property without permission. Patton appealed and the case is expected to be heard by the Alberta Court of Appeal this fall. Three judges are scheduled to hear the case. The appeal court’s decision is binding on the lower courts.
The province owns about 98 million acres of unsettled land. About five percent of the crown-owned land is used to graze livestock under grazing leases. Lease charges range from $2.79 to $1.39 for each cow or cow with calf per month.
The province allocates the land with grazing leases, licenses or permits. It has maintained leaseholders can control public access to the land. The argument facing the courts is whether crown-owned lands should be open to all members of the public.
Edmonton attorney Keith Wilson said in a report for the Alberta Cattle Commission that grazing lease contracts do not state specifically whether the lessee has the exclusive right of possession. However, the legal language of the lease contract implies the renter has exclusive use of the land.
