Trespassing of Private Property

Res #: 30-03A
Number: 30
Year: 2003
Midterm: No
Expired: Yes
Responses Received: No

Resolution No. 30-03A

WHEREAS, vandalism, theft, shot livestock and crop damage costs landowners considerable money, time and vexation; and

WHEREAS, the absence of a provincial law on trespassing and inadequate RCMP patrols are an invitation to a criminal element to scout potential targets during daylight hours disguised as doing other outdoor activities, then carrying out their crime at a later time without raising suspicion; and

WHEREAS, the cost in dollars and manpower to properly post with signs and maintain these signs and patrol or otherwise guard large areas of land, often miles from the home place, is impractical;

THEREFORE BE IT RESOLVED, that legislation be enacted to prohibit any trespassing on private property without permission of the land owner or their designate.

Response from the Honourable Eric Cline, Q.C, Minister of Justice and Attorney General:

This resolution calls for the enactment of trespass legislation. Several other Canadian jurisdictions have petty trespassing legislation. Saskatchewan does not have comparable legislation of general application. However, specific prohibitions against trespassing in The Wildlife Act. 1998, The Snowmobile Act and The All Terrain Vehicle Act afford specific protection to landowners from trespassers engaged in hunting or operating recreational vehicles. In addition, the Criminal Code contains offences regarding trespassing near dwelling houses at night, as well as provisions allowing property owners to take steps to prevent trespassing. The issue of petty trespassing laws of general application requires a careful review.

I have directed my officials to meet with representatives of SARM to obtain further information regarding the concerns raised by rural municipalities on this issue.