AANB rooting for “no trespassing” education and legislation

by Christian Michaud
It rains, it sleets, it snows, it freezes, it thaws – and every change in the sky above affects the earth below. Farmers struggle to adapt to the impacts of climate instability, but there’s not much we can do about the weather.   

However, there is one threat to the sustainability of farms that is within our power to control: the damage suffered by agricultural land due to trespassing. This is a man-made issue that causes unnecessary grief to the very people on whom we depend for food. New Brunswick producers want to stop vehicles from destroying fields, ripping up crops and soil, and creating ruts that can damage equipment and disrupt natural drainage systems. The biosecurity risks are increasing, with the potential spread of soil-borne diseases, pathogens, invasive weeds, and infectious animal diseases.

There is currently no legal recourse in this province because legislation requires the perpetrator to be caught in the act or with “sufficient” evidence. Enforcement has been very weak, leaving producers with no meaningful legal options for protection. The onus of liability or permission remains in the hands of producers. But we believe that individuals entering private property should be deemed trespassers unless they received permission from the landowners.  

 The trespassing problem pervades Canadian agriculture. As a society, it’s time to draw a line in the sand when it comes to unauthorized entry onto farms, interference with farm animals and their welfare, and breach of critically important biosecurity protocols. Other provinces have a variety of actions underway to address the problem. 

 The Ontario government introduced legislation on Dec. 2 to create “animal protection zones” with higher fines for trespassing – as much as $15,000 for a first offence and up to $25,000 for subsequent offences. The legislation will include biosecurity protection for the entire food chain, including farms, transporters, food processors, and food retailers.   

 Last spring, the Saskatchewan government passed new trespass legislation removing any requirement for posting “no trespassing” signs on agricultural land. It is the responsibility of the visitor to know where he or she is and who owns the land, and to obtain permission to go on the land.   

 Alberta is introducing amendments to its trespass legislation to increase penalties to a maximum of $10,000 for a first offence and as high as $25,000 for a second offence. For organizations, the penalties can reach $20,000. Imprisonment for as much as six months is also a possibility. Another proposal calls for anyone found to have breached biosecurity protocols to face a fine of up to $15,000 for a first offence and $30,000 plus imprisonment of up to one year for repeat offences. 

Amendments also include increasing the maximum compensation paid to farmers affected by biosecurity breaches by trespassers from $25,000 to $100,000. The Alberta government has also promised to fund 50 new Crown prosecutor positions during the next three years, which it states will help the government better prosecute trespass offences.

 The strategies that seem to be most actively pursued by provincial governments and organizations include increased fines for trespassers and those who interfere with gates or disturb animals, removal of the obligation to post “no trespassing” signs on private land, and placing the onus on the potential trespasser to know whose land they are on. There is also a need to educate law enforcement officials about the serious nature of trespassing and the importance of treating these cases as significant offences in the eyes of the law. 

 The Agricultural Alliance of New Brunswick has requested that our provincial government engage with our organization and others to develop meaningful mechanisms of deterrence against trespassing on farmland and significant penalties for doing so. A new industry/government committee has been struck and was scheduled to have its first meeting in December.

There’s a lack of awareness and concern about the importance of maintaining the viability of agricultural land for food production. Most of the public is distant from our food sources and doesn’t understand the challenges faced by those who feed us. Hunters and recreational vehicle users may harm property and animals because they are unaware of the consequences of their actions. Other damage results from a variety of causes, some with deliberate intent. Trespassing may be controlled to some extent by legislation and enforcement, but our goal should be to prevent it in the first place through a concerted and collaborative educational effort. 

As the second-most important contributor to the provincial gross domestic product, farming is keeping many rural communities alive and is the only sector that has experienced growth in recent years. We can only continue to contribute if the sustainability of farms is protected from trespassers through education and enforcement.

(Christian Michaud is president of the Agricultural Alliance of New Brunswick.)