Dealing With A Flagrant Trespass: How To Protect Your Property Rights In Canada

Property rights are "sacrosanct" in Canada... or at least that is what courts tell us. The practical reality is somewhat different. This was highlighted a recent incident in Calgary where a landlord had her home declared an "embassy" by a tenant who refused to vacate. The situation made headlines across the country. The incident brought attention to the rise of freemen-on-land, a group whose legal tactics are summarized in Meads v. Meads, 2012 ABQB 571. However, the incident was also emblematic of a problem that can arise for any commercial landlord or property owner in Canada: how to deal with a flagrant trespasser who refuses to leave.

Such situations raise a variety of legal and practical problems. Not least of which is the potential for escalation from a simple trespass to something much more serious. Indeed, recent violence in New Brunswick arising out of a blockade of land due to fracking exploration demonstrates the potential volatility of these situations.

This post identifies some of the the issues you will need to address. However, these situations are, by their nature, time sensitive and fact specific. Seeking legal counsel as soon as possible will always be a prudent first step.

1. Understand your position

   In some circumstances, such as the two highlighted above, it is clear that the land owner is "in the right" and the trespasser(s) are "in the wrong", in the eyes of the law at least.

   Other circumstances are less...