Saskatchewan Trespassing laws?

The way I see things it comes down to respect for someone else`s property,,If someone thinks its ok to wander on to a property that they know they don`t have permission to be on has no respect for the owner,,As a part owner of the family farm we have for years had to deal with people on atv`s and hunters trespassing,, usually the ones that don`t bother asking permission are the ones that leave a mess and gates open etc,, We do have a handleful of guys who have hunted with permission for many years and they do appreciate having a place to hunt,,and they are always bringing home made wine or offer us a goose or two in the fall,,
 
I have been a SK. landowner and hunter for 50+ yr. Permission is not required to access private land for hunting or fishing.

Permission is required to drive any motor vehicle while hunting on private land.

Refusal to leave private land (posted of not)or returning after being told to leave can result in Criminal Trespass charges. If you are in possesion of a firearm
while "criminal trespass" things could get dicey.

Land that is posted 'no huntin' can now be hunted with written permission. Used to be 'no hunting' meant no hunting by anyone. This was considerred a private game preserve. This has been fixed.

Our farm is 1/2 hr. from Regina and we have constant recurring idiots thinking we are their personal hunting area/garbage dump, but for the most part, people are pretty good. Mark
 
muckwa said:
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
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Also will only walk such land, I understand the people that own the land have to make a living off of it so I respect it, have seen lots of people driving all over the country side 4x4ing on fields and oh look next year it's posted. I hate the road warriors that just don't care and seem to know any better.
 
I did a bit of searching on Can LII to see if I could find a case that would give us some indication of how the courts interpret trespassing. Fortunately there are very few instances when it comes to hunting issues. I think that this case which also refers to the highest court of the land pretty well sums it up. In this instance, 3 natives were hunting on private property. They were charged for trespassing.

I think this decision sums it up pretty well as far as a landowners rights. For those of you who wish to read the entire case it is R. V. Bear. in the province of Sask.

[17] In R. v. Horse, CanLII 91 (SCC), 1 S.C.R. 187, the Supreme Court of Canada held in the interpretation of a similarly worded section which was the predecessor of section 41, that the right of access was restricted and is subject to the common law of trespassing. The court held that the statute reinforces the restriction to enter on private lands and makes it abundantly clear that the failure to post the land is not sufficient to imply consent to enter on the land or to imply a right of access. The court further held that hunters, whether they be treaty Indians or otherwise, enter private property with no greater rights than other trespassers. The absence of signs prohibiting hunting is not, without more, implied consent for a hunter to enter on the land for the purpose of hunting. There must be evidence of permission, either expressed or implied, before a right of access to hunt on private land exists. There is no right of access in the absence of such permission or consent from the owner or occupier. The right to hunt food is unrestricted on land to which treaty Indians have a right of access as described in Mousseau.
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Land that is posted 'no huntin' can now be hunted with written permission. Used to be 'no hunting' meant no hunting by anyone.
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My family has owned land in Saskatchewan for over 100 years, and I have hunted there for over 40 years myself. As long as I can remember some people were spreading the myth that nobody could hunt if the land was posted no hunting, but I have never seen anyone able produce a regulation that stated that. As for permission, it can be verbal, it doesn't need to be written.
 
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!!
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Everyone interprets the law differenly, therefore; I will not comment on this subject (the law). However, weather the land is posted or not, or what the law states, I "always" seek permission from the landowner. I find it a moral obligation to receive the land owners blessing. It's good to know the land owner and maybe make another good friend, and besides he or she may know where the big game animals are located and where to find the big boy. Asking permission from one land owner may lead to other neighbouring lands to hunt.
 
Everyone interprets the law differenly, therefore; I will not comment on this subject (the law).
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As with all laws the final interpretation lies with the courts, and the Supreme Court is where the buck stops. See my posting above to see how the Supreme Court of Canada views tresspasing on private lands.
 
Am I the only one who finds it ridiculous that you have to post private property in order to have legal resources to keep people out? Should it not be that you should post "hunting by other random people on my property is OK" if you are ok having others come? Mind boggling.
 
thebaron said:
Am I the only one who finds it ridiculous that you have to post private property in order to have legal resources to keep people out? Should it not be that you should post "hunting by other random people on my property is OK" if you are ok having others come? Mind boggling.
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Thankfully this ridiculousness is not province wide!
 
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