Quote:
Originally Posted by Dielbo
First off, the landowner can't "charge you with trespassing". That decision is up to a peace officer and crown prosecutor. The landowner has absolutely no say in that decision.
If a peace officer attends, they would assess whether any provincial law has been breached. If proceedings are under the " Trespass to Premises Act," RSA 2000, c-T-7, then NOTICE is always required.
Trespass
2(1) No person shall trespass on premises with respect to which that person has had notice not to trespass.
(2) For the purposes of subsection (1), notice not to trespass may be given to a person
(a) orally or in writing by the owner or an authorized representative of the owner, or
(b) by signs visibly displayed
(i) at each of the entrances normally used by persons to enter the premises, and
(ii) in the case of premises referred to in section 1(c)(ii), at all fence corners or, if there is no fence, at each corner of the premises.
There is another act called the Petty Trespass Act, RSA c-P11, which also requires NOTICE except for certain instances defined in subsection 2(2), mainly cultivated farmlands and/or that are fully enclosed. However, there are also public use easements to consider for accessing streams and rivers. Further, parts of that act have been found unconstitutional and it is rarely used anymore.
The law surrounding property and water rights in AB is complex, as there are multiple acts (Surface Rights, Water Rights, Indigenous treaties, etc) which deal with specific issues and are open to judicial interpretation.
In any event, in each case under the Petty Trespass Act, the question as to whether a parcel of land is " fully enclosed" or "under cultivation" is a finding of fact for each judge in each case. If the judge finds the land does not fit within subsection 2(2) then they must give the public adequate notice, ordinarily in the form of proper signage.
Further, whether the land is "deeded" is irrelevant for the purposes of both the Petty Trespass Act and Trespass to Premises Act. The only requirement is to be the owner or lawful occupier. The only exception being Crown Land, whether trained or leased or permitted, etc. The Petty Trespass Act does not apply to Crown land.
There is a tremendous amount of misinformation floating around about these matters. Always has been in my experience. Most lawyers do not even know these laws very well.
Note: I often see or hear of people referring to some form of special deeded land where the owner retains rights to stream beds. Those are exceedingly rare and only arise from former Hudson Bay Company land. I know that claims made by persons relating to areas on Jumpingpound and Dogpound have been investigated at Land Titles and in both instances the landowners were wrong. If one really wanted to fish there, they could get a copy of the title to pack along and use it to settle any dispute when a peace officer arrives. That said, if some nutcase assaults you or kills you, I'm not sure being in the right legally will be much consolation.
Further note: always clean up after yourselves on public or PRI vote land. "Leave no trace" should be standard operating procedure. Also, seek to obtain permission wherever any issue could arise. Most landowners are fine with it if you are respectful. They only want to keep out the *******s who litter and tear up their land.
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From the Petty Trespass Act. Pretty clear.
Entry prohibited without notice
2.2 Entry is prohibited without any notice on land
(a) that is a lawn or garden,
(b) that is used for
(i) the production of crops, including fruits and vegetables,
through the cultivation of land,
(ii) the raising and maintenance of animals, including birds
and fish, or
(iii) the keeping of bees,
(c) that is surrounded by a fence, a natural boundary or a
combination of a fence and a natural boundary, or
(d) that is enclosed in a manner that indicates the owner’s or
occupier’s intention to keep persons off the land or to keep
animals on the land.
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