A British Columbia resident is moving ahead with plans to challenge
Saskatchewan’s land ownership laws in court even though the
Saskatchewan government plans to change the laws.
David Dutcyvich intends to proceed with the challenge under the
Canadian Charter of Rights and Freedoms even as the province’s standing
committee on agriculture this week begins meetings on revising the law.
Dutcyvich grew up near Watson, Sask., and operates Lemare Lake Logging
Ltd. in Port McNeill, B.C.
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He argues that part 6 of the Saskatchewan Farm Security Act is invalid,
because it violates section 6 of the Canadian charter.
The farm security act limits non-resident Canadians to owning 320
acres, and defines a resident as an individual who lives in the
province full-time for 183 days in any year.
The charter’s section 6(2) states that every Canadian citizen has the
right to move and take up residence in any province and to pursue the
gaining of a livelihood in any province.
Joel Hesje, Dutcyvich’s Saskatoon lawyer, said his client has a
residence near Naicam and wants to invest in the province’s agriculture
industry.
“The restrictions are invalid,” Hesje said. “You cannot discriminate in
your land ownership based on the province of your residency.”
Dutcyvich filed his claim against the Saskatchewan government and its
Farm Land Security Board a year ago, but the board was subsequently
removed from the suit.
Last week, the two sides met with a mediator in Saskatoon.
Hesje said the issue was not resolved and his client has instructed him
to proceed with the legal challenge.
Meanwhile, the province announced last month it would refer the
controversial issue of farmland ownership to its little-used
agriculture committee.
Committee members were appointed last week and are expected to meet
this week to elect a chair. The committee will receive the final report
of the provincial Action Committee on the Rural Economy next week,
before dealing with land ownership.
“At this point our client is not satisfied with the pace and the
possibility of the change taking place,” Hesje said.
He added that he has a strong legal argument against the 1974
Saskatchewan law. The charter came into force 20 years ago this week.
The province’s statement of defence says the Farm Land Security Board
is already looking into Dutcyvich’s involvement in acquiring farmland
over the past few years.
“At the present time the defendant Farm Land Security Board believes
that, through financing and other arrangements with relatives and
associates in Saskatchewan, the plaintiff controls approximately 65
quarter sections of farmland in the province contrary to the provisions
of part 6 of The Saskatchewan Farm Security Act,” said the statement of
defence.
Agriculture minister Clay Serby said the suit highlights the importance
of moving quickly to amend the act.
“Hopefully we will have, for this (legislative) session, amendments
based on recommendations from the standing committee,” he said. “There
is an urgency.”
But his committee won’t hear that point of view from everyone. Some
farm groups believe the government should keep all the current
ownership restrictions, while others say that impedes the
revitalization of rural Saskatchewan.
