Saskatchewan Trespassing laws?

scott_r

scott_r

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I was having a conversation with a new hunter and we were talking about hunting and land access. I only hunt a few properties and have permission from land owners to bow hunt but am wondering if in Saskatchewan you have to have permission regardless if land is posted or not? Im sure asking on a public forums not the best idea but is this dealt with by CO's or RCMP to get info on the laws?
He's planning on hunting stubble fields and slough bottoms with a rifle and doesn't want to break any laws. So I guess my question is can you be charged with tresspassing if the land it not posted and a gate is open?

Cheers!!
 
My understanding, based on conversations with a friend whose property I used to hunt, is that the Trespass Act, or whatever it goes by in SK, was amended in the past few years to no longer require that the property be posted or fenced, in order that the owner be able to enforce against trespassers.

Best bet is to hit the web and download it from the source.

Better bet is to be on good terms with the land owners.

Cheers
Trev
 
Believe me 110% when I say this: He does not want to be charged/convicted of trespassing with a firearm under the current federal legislation.
Regardless of charges are laid or not, the attending officer's report will make it's way to the provincial CFO. More grievous sh@t could follow.
Like it or not that is the way the law currently stands.

Why not just do as trevj suggests and I'm just spouting steam for no good reason?
 
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Well did some searching and found the Tresspassing act. Very interesting. The Tresspass Property act does not cover lawful hunting, fishing and trapping, they have their own rules in the wildlife act. Worst thing a guy can do is ATV in Sask, laws are really tight. Anywhere you go on an ATV you need permisison.
 
stubblejumper said:
Don't bother with rumors, here are the facts

http://www.justice.gov.sk.ca/Trespass-to-Property-Act
Click to expand...


That does not apply to legal hunting, trapping and fishing.

The Trespass to Property Act is petty trespassing legislation of general application. It is not meant to replace legislation dealing with specific trespass circumstances such as snowmobiling. It seeks to balance the reasonable expectations of property owners or occupiers and those who want access to privately owned property for legitimate reasons. For example, it does not apply to individuals engaged in lawful hunting, fishing or trapping activities, nor to Crown resource lands or park lands that are used for public recreation purposes.

The above link isnt "fact" when related to hunting in context of the tresspass property act.
 
That does not apply to legal hunting, trapping and fishing.
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So which part are you disputing?

If the land is posted no hunting or trespassing, are you saying that it is legal to trespass to hunt or fish without permission?

If the landowner specifically tells you to stay off of his property, is it legal for you to hunt on his property without permission?

If the landowner asks you to leave his property, is it legal to remain on the property to hunt?

If the landowner tells you to leave and never return, is it legal for you to return without his permission to hunt?
 
stubblejumper said:
Lets look at each section, one at a time.





Lets start with:



If the land is posted no hunting or tresspassing, you must have permission to enter that land to hunt trap or to fish.

The second one:



If the landowner tells you not to enter his land, you can't legally enter his land to hunt, trap, or fish.

Third one:



If it's a prohibited activity, permission doesn't change that.

Fourth one:



If a landowner tells you to leave his land, you must leave, whether you are hunting fishing or trapping or doing otherwise.

Fifth one :



If after the owner tells you to leave his land, and never return, you return to hunt,fish, trap or otherwise, without the landowners permission, you are breaking the law.
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The Trespass to Property Act (which you are quoting) is petty trespassing legislation of general application. It is not meant to replace legislation dealing with specific trespass circumstances such as snowmobiling. It seeks to balance the reasonable expectations of property owners or occupiers and those who want access to privately owned property for legitimate reasons. For example, it does not apply to individuals engaged in lawful hunting, fishing or trapping activities, nor to Crown resource lands or park lands that are used for public recreation purposes.

Stubblejumper, its states in the bottom of the act that it does not apply to hunting,fishing and trapping. They are regulated under the wildlife act. Just like snowmobiles and atv's have their own act. You're pulling quotes off the act without the complete facts.
 
Stubblejumper, its states in the bottom of the act that it does not apply to hunting,fishing and trapping.
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I tell you what,you come out to my relatives private land in Saskatchewan, and I will put up no trespassing signs for you to walk past and ignore. Then I will call the RCMP. They will come and watch you walk past the no trespassing signs. I will then have the landowner order you to leave his property. Of course you will ignore that command, because you are here to hunt. How do you suppose the RCMP will respond? I have $1000 in my pocket that says that they will order you to obey the landowners command to leave the property. Care to take me up on that bet?I will be in Saskatchewan hunting during the last week of November, and the money will pay all of the expenses for my trip.

The Trespass Act as a whole may not apply, but most of the subsections do most certainly apply under one act or another.
Do you really believe that a landowner doesn't have the legal right to keep you off of his property, just because you are hunting? Do you really believe that if a landowners asks you to leave his property, that you don't have to comply with his commands, just because you are hunting?
 
I've hunted geese in Saskatchewan for many years and I have NEVER taken a step onto cultivated or fallow land posted or not without the permission of the landowner.In most cases it is quite simple to track down the landowner and receive permission.The only time I was ever turned down was by an irate lady who had been woken on a Saturday morning by a party of Yanks,pitted in less than 100 yards from her house,without permission.My wifes family farms 50+ sections,if they find you there without permission they will ask you to leave or talk to the local RCMP.If you go to the door and ask you will receive permission unless you are a total jerk.I think that's fair enough. Mur
 
I hunt everything not posted. If its fenced and not posted I hunt it as well. Never been in s!!t yet. If you don't f@$k around on the land nobody looks twice around here anyway.
Cheers
Geoff
 
stubblejumper said:
I tell you what,you come out to my relatives private land in Saskatchewan, and I will put up no trespassing signs for you to walk past and ignore. Then I will call the RCMP. They will come and watch you walk past the no trespassing signs. I will then have the landowner order you to leave his property. Of course you will ignore that command, because you are here to hunt. How do you suppose the RCMP will respond? I have $1000 in my pocket that says that they will order you to obey the landowners command to leave the property. Care to take me up on that bet?I will be in Saskatchewan hunting during the last week of November, and the money will pay all of the expenses for my trip.

The Trespass Act as a whole may not apply, but most of the subsections do most certainly apply under one act or another.
Do you really believe that a landowner doesn't have the legal right to keep you off of his property, just because you are hunting? Do you really believe that if a landowners asks you to leave his property, that you don't have to comply with his commands, just because you are hunting?
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You are in fact correct, if it is posted its and offence ( no where did I state its legal or acceptable to hunt on posted land). If its not posted and Im legally hunting, fishing or trapping Im not breaking the law, of course the land owner can come by and request I leave and Im legally obliged to. Again No where did I state it was legal to tresspass on posted property.

What Im getting at is that if land is not posted and a fellow drives on say a stubble field or cultivated field he can't be charged with trespassing. You seem to think that I somewhere said its OK to trespass on posted land, I never typed that and you wont quote me as saying that. Now if this fellow was on an ATV he is guilty of trespassing if he doesnt have consent regardless if posted or not.

Oh by the way I have no desire to meet you or your family...but thanks for the invite.

Anyhow I have plenty of access to great land here, all the farmers are great and have never had an issue nor intend on pissing a landowner off. This is going south and I know you always need the last word stubble....go at er'....Im done.
 
Has anyone given any thought to looking under the Wildlife Act? That's what governs hunting and that's the laws Conservation Officers will cite.

Link is here, for those who's google skills are challenged:

http://www.publications.gov.sk.ca/details.cfm?p=938

There's also this:

http://www.environment.gov.sk.ca/Default.aspx?DN=5557f7f7-798a-411c-81f0-45f2c00c5add

The Wildlife Act says just because land isn't posted it doesn't mean people have been given consent by the owner or occupier for entry on the land or to hunt. Landowners still have common-law rights to tell people to leave, even if the land is not posted. Status Indians and those hunting under their Treaty rights may not hunt on private land unless they have permission from the landowner.

If a farmland owner or lessee has put up "No Hunting", "No Shooting" or "No Trespassing" signs, then hunters must ask permission to hunt on the land.


It's from 2006, so unless something's been amended under the Wildlife act in the last 6 years, it applies.
 
scott_r said:
I was having a conversation with a new hunter and we were talking about hunting and land access. I only hunt a few properties and have permission from land owners to bow hunt but am wondering if in Saskatchewan you have to have permission regardless if land is posted or not? Im sure asking on a public forums not the best idea but is this dealt with by CO's or RCMP to get info on the laws?
He's planning on hunting stubble fields and slough bottoms with a rifle and doesn't want to break any laws. So I guess my question is can you be charged with tresspassing if the land it not posted and a gate is open?

Cheers!!
Click to expand...

I have no idea. However I do see an ethical issue with trespassing on private property via a loophole. Its private property! Stay off it! Whether its posted or not, if you havent asked permission, stay off.
 
I think you will find that there is no loophole. What is not covered in one act, is covered pretty well in another.

Best course of action is to be on good terms with the landowners. I recall seeing lots of "Hunters Welcome, No Vehicles" signs and the like, around South of Moose Jaw, but the best spots I ever hunted I got into because of connections between one guy whose place I hunted, putting in the good word for me with other guys that were willing to allow the odd 'vetted' person in. Got to hunt a lot of posted land. Good times!

Every landowner that gets PO'd enough to make a complaint, is one more step towards even more restrictive regs. The snowmobile and ATV folk have managed to piss off enough guys that they have been pretty much shut out of access.

Short answer. It pays to be on good terms with the land owners.

Cheers
Trev
 
You are in fact correct, if it is posted its and offence ( no where did I state its legal or acceptable to hunt on posted land). If its not posted and Im legally hunting, fishing or trapping Im not breaking the law, of course the land owner can come by and request I leave and Im legally obliged to. Again No where did I state it was legal to tresspass on posted property.
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My point is that although the Petty Trespass Act supposedly doesn't apply to people legally hunting or fishing, everything listed at the link that I provided is actually applicable through one act or another.

What Im getting at is that if land is not posted and a fellow drives on say a stubble field or cultivated field he can't be charged with trespassing.
Click to expand...

That is correct, and if you read the information covered at the link that I posted, that situation is not even mentioned, because it is not a violation of the act.
 
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