|
04-14-2021, 07:23 PM
|
|
|
Join Date: Nov 2009
Posts: 13
|
|
Gopher hunting near Calgary
Hi all,
Just looking to take my boy out on his first gopher hunting. The usual place I go is not allowing permission currently. Just curious if someone in the community can help me out.
Thank you,
|
04-15-2021, 07:41 AM
|
|
|
|
Join Date: Jan 2013
Location: near insanity
Posts: 836
|
|
Not to detail the thread but I think its get harder for farmers and ranchers to allow hunting on their property because of insurance and liability reasons.
Sent from my SM-G981W using Tapatalk
__________________
Somewhere between ragged and right. Like a bus load of taxi drivers learning how to fly.
|
04-15-2021, 10:14 AM
|
|
|
|
Join Date: Dec 2008
Location: Near Edmonton
Posts: 14,972
|
|
Quote:
Originally Posted by coy coyote
Not to detail the thread but I think its get harder for farmers and ranchers to allow hunting on their property because of insurance and liability reasons.
Sent from my SM-G981W using Tapatalk
|
Do not spread nonsense. You have no idea what you are talking about. There is specific legislation in Alberta that protects landowners from liability and being sued by folks on their land.
|
04-15-2021, 02:10 PM
|
|
|
|
Join Date: Jan 2013
Location: near insanity
Posts: 836
|
|
Oh is that so. Our lawyers and account advice us other wise. We farm and ranch over 30000 acres and I have no idea what I'm talked about. You have no idea what our insurance and premiums are. Our ablerta government does nothing to protect farmers and ranchers. Our neighbor lost his farm because some snowmobilers got hurt on his land and his fence.
Sent from my SM-G981W using Tapatalk
__________________
Somewhere between ragged and right. Like a bus load of taxi drivers learning how to fly.
|
04-15-2021, 02:19 PM
|
|
|
|
Join Date: Jan 2013
Location: near insanity
Posts: 836
|
|
Our neighbors are being sued 4 million because a guy showed up in their yard , got out of his truck, slipped on ice and hurt his back. Show me the article that's states farmers are protect.
Sent from my SM-G981W using Tapatalk
__________________
Somewhere between ragged and right. Like a bus load of taxi drivers learning how to fly.
|
04-15-2021, 02:31 PM
|
|
|
Join Date: Oct 2014
Posts: 1,556
|
|
i would like to see this info as well
|
04-15-2021, 02:37 PM
|
|
|
Join Date: Jul 2009
Location: Calgary
Posts: 583
|
|
Alberta Occupiers' Liability Act
Section 6.1
Recreational users
6.1(1) The liability of an occupier to a person who uses the premises described in subsection (2) or a portion of them for a recreational purpose shall be determined as if the person was a trespasser unless the occupier
(a) receives payment for the entry or activity of the person, other than a benefit or payment received from a government or government agency or non-profit recreation club or association, or
(b) is providing the person with living accommodation on the premises.
(2) Subsection (1) applies to the following:
(a) rural premises that are
(i) used for agricultural purposes including land under cultivation,
(ii) vacant or undeveloped premises, and
(iii) forested or wilderness premises;
(b) golf courses when not open for playing;
(c) utility rights-of-way excluding structures located on them;
(d) recreational trails reasonably marked as such.
|
04-15-2021, 02:39 PM
|
|
|
Join Date: Jul 2009
Location: Calgary
Posts: 583
|
|
And with regards to tresspassers
Trespassers
12(1) Subject to subsection (2) and (3) and to section 13, an occupier does not owe a duty of care to a trespasser on the occupier’s premises.
(2) Where a trespasser is not a criminal trespasser, an occupier is not liable to the trespasser for damages for death of or injury to the trespasser unless the death or injury results from the occupier’s wilful or reckless conduct.
(3) Where a trespasser is a criminal trespasser, no action lies against the occupier for damages for death of or injury to the trespasser unless the death or injury is caused by conduct of the occupier that
(a) is wilful and grossly disproportionate in the circumstances, and
(b) results in the occupier being convicted of an offence under the Criminal Code (Canada) that is prosecuted by indictment.
(4) For the purposes of subsections (2) and (3), a trespasser is a criminal trespasser if the occupier has reasonable grounds to believe that the trespasser is committing or is about to commit an offence under the Criminal Code (Canada).
(5) For the purposes of subsection (3), an occupier is deemed not to be convicted of an offence until the period limited by law for the commencement of an appeal from the conviction has elapsed or the appeal taken from the conviction has concluded or been abandoned.
(6) This section applies to any action brought against an occupier by a trespasser on the occupier’s premises in relation to a trespass occurring on or after January 1, 2018, irrespective of whether the action is brought before or after the coming into force of this section.
RSA 2000 cO‑4 s12;2019 c23 s2
|
04-15-2021, 02:42 PM
|
|
|
|
Join Date: Dec 2008
Location: Near Edmonton
Posts: 14,972
|
|
Quote:
Originally Posted by Ormachek
And with regards to tresspassers
Trespassers
12(1) Subject to subsection (2) and (3) and to section 13, an occupier does not owe a duty of care to a trespasser on the occupier’s premises.
(2) Where a trespasser is not a criminal trespasser, an occupier is not liable to the trespasser for damages for death of or injury to the trespasser unless the death or injury results from the occupier’s wilful or reckless conduct.
(3) Where a trespasser is a criminal trespasser, no action lies against the occupier for damages for death of or injury to the trespasser unless the death or injury is caused by conduct of the occupier that
(a) is wilful and grossly disproportionate in the circumstances, and
(b) results in the occupier being convicted of an offence under the Criminal Code (Canada) that is prosecuted by indictment.
(4) For the purposes of subsections (2) and (3), a trespasser is a criminal trespasser if the occupier has reasonable grounds to believe that the trespasser is committing or is about to commit an offence under the Criminal Code (Canada).
(5) For the purposes of subsection (3), an occupier is deemed not to be convicted of an offence until the period limited by law for the commencement of an appeal from the conviction has elapsed or the appeal taken from the conviction has concluded or been abandoned.
(6) This section applies to any action brought against an occupier by a trespasser on the occupier’s premises in relation to a trespass occurring on or after January 1, 2018, irrespective of whether the action is brought before or after the coming into force of this section.
RSA 2000 cO‑4 s12;2019 c23 s2
|
Thank you, I was just in the process of posting that. For anyone interested you can pull up a full PDF of the Act using Google and download it for free. Coy- you need some new lawyers.
|
04-15-2021, 02:43 PM
|
|
|
Join Date: Oct 2014
Posts: 1,556
|
|
nice thanks for the info
|
04-15-2021, 02:57 PM
|
|
|
Join Date: Jul 2009
Location: Calgary
Posts: 583
|
|
Anyways, now that the derail is over. OP your best bet is to go for a drive and knock on some doors, be polite and you should have no trouble getting permission.
|
04-15-2021, 03:04 PM
|
|
|
|
Join Date: May 2012
Location: Airdrie Alberta
Posts: 306
|
|
Place a want ad at the Airdrie UFA . I did years ago , got a call from a farmer that allowed rimfires only 15 min drive from my house.
|
04-15-2021, 03:22 PM
|
|
|
Join Date: Oct 2014
Posts: 1,556
|
|
Just be care full who you let on your land things do not all ways go good for the land owner .
|
04-15-2021, 03:26 PM
|
|
|
|
Join Date: Jan 2013
Location: near insanity
Posts: 836
|
|
Interesting. Thanks for thenheads up
Sent from my SM-G981W using Tapatalk
__________________
Somewhere between ragged and right. Like a bus load of taxi drivers learning how to fly.
|
04-15-2021, 03:28 PM
|
|
|
|
Join Date: Jan 2013
Location: near insanity
Posts: 836
|
|
Quote:
Originally Posted by noexit999
Hi all,
Just looking to take my boy out on his first gopher hunting. The usual place I go is not allowing permission currently. Just curious if someone in the community can help me out.
Thank you,
|
If you don't mind traveling a couple hours . We ve a few quarters with plenty gophers on them
Sent from my SM-G981W using Tapatalk
__________________
Somewhere between ragged and right. Like a bus load of taxi drivers learning how to fly.
|
04-17-2021, 08:41 PM
|
Banned
|
|
Join Date: Apr 2021
Posts: 20
|
|
Quote:
Originally Posted by Dean2
Thank you, I was just in the process of posting that. For anyone interested you can pull up a full PDF of the Act using Google and download it for free. Coy- you need some new lawyers.
|
Thank for the info
|
Thread Tools |
|
Display Modes |
Linear Mode
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
All times are GMT -6. The time now is 05:42 AM.
|