MORINVILLE, Alta. – Ranchers are celebrating an Alberta Court of Appeal decision that confirmed their right to control access on leased crown grazing land.
A three-judge panel upheld an injunction against a hunter from entering crown land leased by OH Ranch without the leaseholder’s permission.
Ranch secretary Ken Stiles saw the ruling as a major legal victory for cattle producers.
“I was very pleased with their decision,” Stiles said. “I’m pleased the court reaffirmed the decision that the OH can control access to the grazing lease.
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“I think it’s taken most of the fuzziness out of the issue. This is a precedent-setting case.”
The case stemmed from a 1991 dispute between a hunter and the sprawling ranch, about 65 kilometres southwest of Calgary.
Wade Patton did not ask ranch owner Calgary oilman Doc Seaman for permission to hunt on government-owned land located within and leased to the 16,500 acre ranch.
After a three-day hearing in September 1995, Court of Queen’s Bench Justice H. S. Rowbotham granted an injunction against Patton from going onto the leased land unless he received approval from the ranch owners.
The appeal court’s Sept. 16 decision in support of that ruling disappointed Patton.
“It wasn’t just a hunting issue for me. I feel very strongly that this is our land, the province’s land,” said the Calgary man.
“The ranchers shouldn’t have the right to keep us off leases. We’re responsible people. We wouldn’t do anything to damage the land or the livestock. They just pay for the foraging value of the land.”
Alberta Cattle Commission general manager Gary Sargent took a different view.
“We feel very positive about the OH decision in that it confirms the rights we felt leaseholders had all along, which is leaseholders have the right to restrict access if they feel it impacts their cattle grazing operations.”
Together with the Western Stock Growers Association, the commission administered a $78,000 defence fund to assist the ranch’s appeal fight.
Rather than try an expensive challenge in the Supreme Court of Canada, Patton said he may lobby Alberta politicians to change the law. Hunting and environmental groups bankrolled Patton’s appeal.
Although Vern McIntosh, the Alberta Fish and Game Association president, didn’t like the decision, he said his members will live by the law.
The association, which represents 13,000 hunters and anglers in Alberta, won’t finance a Supreme Court challenge.
“We are going no farther with it. We will continue to ask our members to ask permission for access for hunting,” McIntosh said. He added now is the time for fence mending between the two camps.
Back at the OH Ranch, Stiles said hunters will continue to enjoy access rights to the ranch as long as they get a permission slip.
