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SK Trespass Law?

Discussion in 'Canadian Hunters Forum' started by backwater1, Oct 6, 2009.

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Oct 6, 2009 #1

backwater1 Elite Refuge Member Sponsor

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Is there a trespass law in SK when the land is not posted? I know you have to ask in unharvested fields or if its posted. We always attempt to ask but sometimes we slip into a pothole with out permission if we can't locate the land owner.

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backwater1, Oct 6, 2009

backwater1, Oct 6, 2009

#1
Oct 6, 2009 #2

WARTHOG Senior Refuge Member

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I have hunted in Saskatchewan several times and it is my understanding that you need the landowner's permission to hunt. I am not familiar with a trespass law in Saskatchewan and would not dream of going on someone elses land without permission. If you think that you are in the right why are you having to slip into a pothole? What if a group with permission shows up at the pothole that you have slipped into? Do you just leave or are you going to be an arse?

Warthog

WARTHOG, Oct 6, 2009

WARTHOG, Oct 6, 2009

#2
Oct 6, 2009 #3

backwater1 Elite Refuge Member Sponsor

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WARTHOG said: ↑

I have hunted in Saskatchewan several times and it is my understanding that you need the landowner's permission to hunt. I am not familiar with a trespass law in Saskatchewan and would not dream of going on someone elses land without permission. If you think that you are in the right why are you having to slip into a pothole? What if a group with permission shows up at the pothole that you have slipped into? Do you just leave or are you going to be an arse?
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Yea, yea, you are great always ask, ect. I don't want to get into it with you on "if you should". We ask 99% of the time but sometimes you just can't track the guy down. We don't do it on field hunts.

I was under the impression that SK has the same law as ND.

All I need to know is YES, or NO.

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backwater1, Oct 6, 2009

backwater1, Oct 6, 2009

#3
Oct 6, 2009 #4

Monashee New Member

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Check the Saskatchewan Fish and Game website.I hunt Saskatchewan a lot,and if I can't find the owner of land I want to hunt(it's fairly easy with a Regional Municipality map),I hunt somewhere else.I hope you don't "slip in" to a pothole on my wife's families property.You won't like the result. Monashee

Monashee, Oct 6, 2009

Monashee, Oct 6, 2009

#4
Oct 6, 2009 #5

backwater1 Elite Refuge Member Sponsor

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Neither of you must hunt SK much. In years past it was legal to hunt unposted land, if the crops were harvested. The land owner could ask you to leave but it was legal and you could not be considered trespassing.

I have been over the 09' SK Hunters and Trappers guide 4 times and I don't see in black and white where it states the law has been changed?

So far the guy from BC, and Colorado have been very helpful.

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backwater1, Oct 6, 2009

backwater1, Oct 6, 2009

#5
Oct 6, 2009 #6

backwater1 Elite Refuge Member Sponsor

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Monashee said: ↑

I hunt Saskatchewan a lot,and if I can't find the owner of land I want to hunt(it's fairly easy with a Regional Municipality map)
Click to expand...

Wrong, we purchased 7 new maps this year and two instances the landowners have sold and resold the property.

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backwater1, Oct 6, 2009

backwater1, Oct 6, 2009

#6
Oct 6, 2009 #7

bang you'r dead Canada Forum Mod. Eh! Moderator Flyway Manager

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The Trespass to Property Act

Several Saskatchewan statutes deal with the issue of trespass in specific circumstances (e.g., section 41 of The Wildlife Act, 1998 prohibits hunting on posted land without the consent of the land owner or occupier; section 6 of The All Terrain Vehicles Act prohibits the operation of ATVs on private or Crown land without the permission of the owner or occupier; section 25 of The Snowmobile Act provides that snowmobiles cannot be operated on private land within a city, town, village or hamlet, or on posted rural private land without the consent of the owner or occupier; and section 6 of The Provincial Lands Regulations provides that anyone occupying provincial lands without authority from the province is a trespasser). In addition, section 177 of the Criminal Code sets out a summary conviction offence regarding trespassing near dwelling houses at night.

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. However, leased Crown agricultural lands will be dealt with in the same manner as privately owned property.

The Act makes it an offence, without lawful authority, to:
enter onto posted or enclosed lands or other premises without the consent of the owner or other occupier;
enter onto lands or other premises, even if not posted or enclosed, after being requested not to do so by the owner or other occupier;
engage in prohibited activities on the lands or other premises without the consent of the owner or other occupier;
fail to leave lands or other premises, or to discontinue an activity, after being requested to do so by the owner or other occupier; and
after leaving lands or other premises or discontinuing an activity pursuant to the request of an owner or other occupier, return to the lands or other premises or resume the activities.

Persons contravening the Act are liable on summary conviction to a fine of up to $2,000.

It will be a defence to a charge under the Act for a person to prove that he or she reasonably believed that he or she had title to or an interest in the premises in question. It is also a defence that the person had the consent of an occupier of the premises or was acting under lawful authority, or that he or she had an honest and reasonable belief that he or she was acting with consent or under lawful authority.
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Section 41 of wildlife act is specific.

http://docs.google.com/gview?a=v&q=...&hl=en&sig=AFQjCNEgvSibnMvl7_32gy3KxkB0111TtA

http://docs.google.com/gview?a=v&q=...&hl=en&sig=AFQjCNEgvSibnMvl7_32gy3KxkB0111TtA

Pages 14 and 15 give all you need to know.

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bang you'r dead, Oct 6, 2009

bang you'r dead, Oct 6, 2009

#7
Oct 6, 2009 #8

idduckhntr Senior Refuge Member

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Monashee said: ↑

Check the Saskatchewan Fish and Game website.I hunt Saskatchewan a lot,and if I can't find the owner of land I want to hunt(it's fairly easy with a Regional Municipality map),I hunt somewhere else.I hope you don't "slip in" to a pothole on my wife's families property.You won't like the result. Monashee
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IMO if you own private land and don't want someone to hunt it, post it. If you don't have it posted and you find someone hunting on it(where the law allows), you have no right to pick a fight with them, its your fault you didnt post it. If its not posted, then I take it that they don't care if people hunt it. I don't know what the laws are there but in Idaho, if its not posted and not cultivated, you are legally allowed to hunt it. Now if the law is different where you are Monashee and it is illegal to hunt unposted land, then you or you wifes family have every right to be mad. I just can't stand when a land owner gets ****ed at someone for hunting their land(that is not obviously private) that they didn't post.

idduckhntr, Oct 6, 2009

idduckhntr, Oct 6, 2009

#8
Oct 6, 2009 #9

bang you'r dead Canada Forum Mod. Eh! Moderator Flyway Manager

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MB requires landowner permission. Any other use is trespass.

"A Good Plumber Doesn't Blame His Tools"

bang you'r dead, Oct 6, 2009

bang you'r dead, Oct 6, 2009

#9

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Oct 6, 2009 #10

stute slap Senior Refuge Member

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I lost my dang reading glasses......is it legal to hunt where land is not posted?

stute slap, Oct 6, 2009

stute slap, Oct 6, 2009

#10

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