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Old 10-14-2018, 07:44 PM
Deer Hunter Deer Hunter is offline
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Join Date: Jun 2007
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Quote:
Originally Posted by hal53 View Post
It states that you can't be prosecuted under the Trespass Act,,,but you can be proseuted under the Criminal Code of Canada
As long as you don't eat all the grass or get into a fight with someone, you likely will not be charged under the criminal code of Canada.

Quote:

Section 430(1)(c) is engaged if it is alleged that the purported recreation user wilfully obstructed, interrupted or interfered with the lessee’s lawful use, enjoyment or operation of the Crown-leased land. As such, to support a prosecution under this subsection, there would have to be sufficient evidence that the person interfered with the lessee’s purpose in using the land (i.e., grazing livestock).

Sections 266, 267 or 268

Pursuant to s. 41(1), a lessee is entitled to use as much force as is necessary to evict a trespasser from the land. By virtue of s. 41(2), a trespasser who resists being removed may be prosecuted for assault or related conduct. Such resistance would not include passive resistance, but would include resistance by violence (e.g., by striking back).
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