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The Saskatchewan Government is placing the responsibility of rural landowners on the members of the public with respect to intrusion rules.
Justice Minister Don Morgan tabled amendments to three laws on Tuesday – Property Infringement Act, Snowmobile Act and Wildlife Act – to indicate to members of the public that it is necessary to seek the permission of a rural domain owner before entering their land.
Morgan said current legislation unfairly forces rural landowners to post signs on their land to legally deny access. The new legislation would require those wishing to access land to obtain permission from the landlord.
"What we are looking for is to give the police and the landowner a tool to ask those on the land who should not be on the earth to leave or to be indicted. "
The government says the change will also better protect the land from the spread of agricultural diseases and property damage.
He also cites a government-led online survey that found that the majority of respondents were in favor of transferring ownership responsibility to the public.
The government's review of its intrusion rules responds to concerns expressed by rural landowners about the issue, which is also related to rural crime.
It was at a conference organized by the Saskatchewan Association of Rural Municipalities (SARM) in March that Saskatchewan Premier Scott Moe and Morgan announced that they were ready to review the laws.
In a letter to the government, SARM offered his support for the possibility of overturning the trespbading liability. He also called for stiffer fines for those caught in the act of intrusion.
The government's attention on the intrusion has prompted criticism. For example, the Vice Chief of the Federation of Indigenous Indigenous Nations (FSIN), Heather Bear, has already stated that the government has not really consulted with First Nations leaders.
She was also concerned about the impact that the new rules could have on treaty rights. She said the changes could promote vigilance among homeowners.
"(The FSIN) decided not to believe that the legislation was applicable to them and they should have the right to hunt or travel wherever they wish," said Morgan.
He said the province's position is that landowners have the right to determine who can be on their property.
"I hope that over time (FSIN), take a look at it and choose a responsible approach to where you want to hunt," Morgan said. . "There are many places where they can hunt without permission, and they would exercise the same right of discretion and would like to seek permission from a landowner before going to the property of the landowner."
Morgan said he was trying to meet with FSIN leader Bobby Cameron, and any changes to the intrusion laws would respect First Nations hunting and fishing rights.
Morgan has been firm on the fact that the government's attention on intrusions does not open the door to so-called castle laws or "stubborn" laws.
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