Neurenberg’s dilemma is not unusual
among Manitoba farmers whose lands
are increasingly pressured by urban
sprawl and building developments.
But it needn’t come to that, Buchwald adds. People who
trespass on farmland, whether intentionally or not, are usually
reasonable if asked in a polite and civilized manner to refrain.
“Deterrence doesn’t have to be done with a fist. It can
be done with a gentle request, like a nicely worded note left
on the doors of these cottages saying, everyone enjoys riding
ATVs (but) I would just appreciate if you would stay off the
neighbouring land because it’s causing damage to crops.
“It’s always best to be proactive. Confrontation is never a
good thing. Things can escalate pretty quickly.”
Buchwald cites a high-profile 2016 Saskatchewan case in
which a farmer confronted a group of trespassers in an SUV
who drove onto his farm. The situation escalated, a gun was
fired and one of the group, a First Nations male, was killed.
Charged with murder, the farmer was eventually acquitted
by a jury. But the effects of the incident remain to this day.
“He wasn’t found guilty, but I’m sure the last thing he
wants is to have it on his conscience that he shot somebody,”
Buchwald said.
Earlier this year, the Saskatchewan legislature passed
a law requiring people who want to access privately-owned
rural land to get permission from the landowner first.
Previously, landowners had to erect fences, posts, or have “No
Trespassing” signs on their property.
Hunting on private land is another perennial issue which
can lead to problems. In Manitoba, if someone is hunting on
private land without permission, landowners are urged to call
the local conservation office or phone the Turn In Poachers
line at 1-800-782-0076 to report it.
A spokesperson for Manitoba Agriculture said the
province may pursue charges under the Wildlife Act if the
animals are not in season and the hunter is unlicensed.
Otherwise the Petty Trespasses Act applies. If convicted
under the Wildlife Act, the person faces a set fine of $487 and
a one-year hunting suspension.
On private land, Manitoba’s Off-Roads Vehicles Act
requires drivers of off-road vehicles, including ATVs and
snowmobiles, to get the landowner’s direct permission.
Buchwald encourages farmers and other landowners to
dialogue with local municipal and law enforcement officials
to express concerns about trespassers and share plans for
erecting signs.
If there’s adequate communication between all sides,
decency and respect will usually prevail, he says.
“It’s all about reasonableness. It’s reasonable for farmers
to expect that people will respect their private property. But
it’s also reasonable for the landowner to take steps to make
sure people are aware that it’s private property.” FV
Despite fear of reprisals, Neurenberg posted a “No Trespassing” sign this past summer.
TRESPASSING
Manitoba Farmers’ Voice § Fall 2019 § 17