The first piece of legislation coming out of the UCP government’s early November announcement that it will take steps to deter rural crime around the province has passed first reading.
Justice minister and solicitor general Doug Schweitzer introduced Bill 27, the Trespass Statutes (Protecting Law-Abiding Property Owners) Amendment Act in the Legislature Nov. 19, which is meant to strengthen the rights of property owners and lay down severe consequences for those who trespass on farmers’ land.
“We are sending a strong signal to rural Albertans who have been victimized for far too long. We have listened to you. We have heard you. And we are standing with you. We want to ensure you know that we are going to do everything we can as a provincial government to help you feel safe in your communities,” said Schweitzer, when the initial plan was introduced Nov. 6.
Strengthening property rights, integrating provincial peace officers, cracking down on metal theft and providing a new voice for victims by offering whole communities an opportunity to provide victim impact statements in court, were introduced as the initial steps to take action on rural crime.
Bill 27 is just the first step. It proposes steep increases to the fines courts can hand out for trespassing, sometime five-fold to current fines.
A first offence will cost someone caught on land they don’t have permission to be on up to $10,000, while a $25,000 fine could be handed down for subsequent offences. Jail time of up to six months could also be applied to a sentence.
Corporations could also be fined up to $200,000 for assisting trespassers, while the maximum amount for loss or damage to property would increase from $25,000 to $100,000, should the bill make it through three readings and receive Royal Ascent.
“Increasing fines has always been utilized to deter. It’s also meant to add protection to landowners and reduce the liability of property owners when there are criminal trespassers coming on their property,” said Athabasca-Barrhead-Westlock Glenn van Dijken.
He went on to say he was happy to see the ability for criminals to sue defenders of property taken away, which often sees the victims of the crime re-victimized in court.
“We’re saying that if you’re in the middle of a criminal act and trespassing on private property and the property owner uses reasonable force and the person gets injured or dies, that would not trigger the ability for that person that’s in the middle of a criminal activity to sue the property owner,” said van Dijken.
The bill will also amend the Petty Trespass Act to add references to land used for crops, animal-rearing and beekeeping, and would be the first legislation of its kind in Canada that would institute penalties for creating a “biosecurity hazard” to animals.
It is important that property owners remember that they can still be held criminally responsible for their actions and should always call law enforcement to deal with trespassers and to report any crimes that may have taken place on their property.
“We always are concerned about people going above and beyond what is considered reasonable force to protect your property and your family. Those are determinations that are made by the court, not by the lawmakers,” said van Dijken.
Crime in general, but particularly rural crime, has been a hot topic for the last few years and has been the subject of many public meetings around the province, some of which included the justice minister, who said many of the changes to the bill came out of consultations with those who are most affected.
“The proposed changes in Bill 27 came directly from listening to rural residents whose lives have been affected by crime. As our next step in our plan to combat rural crime, this legislation will not only protect property owners and help law-abiding Albertans feel safe in their communities, but also will ensure trespassers face the proper consequences for their actions,” said Schweitzer.
