The Goderich Signal-Star, 1977-12-08, Page 30PAGE 6A--GODERICH SIGNAL -STAR, THURSDAY, DECEMBER 8, 1977
Jack's Jottings from
In recent years farmers
have been exhibiting a
growing concern for property
rights for the owners of
private land. This concern
prompted a bill to be in-
troduced in the Legislature
by Robert Eaton (PC -
Middlesex), to deal with petty
trespassing.
An act to amend the Petty
Trespass Act was given
approval in principal in the
Legislature this week and will
now go to Committee where
any amendments to the Bill
can be made.
The purpose of the Bill is to
remove -requirements from
the Act that land be enclosed
or that land must be posted
before one can be considered
a trespasser. It places the
onus on persons to ask per-
mission to enter another
person's land and increases
the maximum fine to $1,000
from the present $100. It
removes liability from a
property owner for
trespassers unless deliberate
intent to do harrn to the
trespasser is involved.
It is gratifying to know that
some of our curiously archaic
laws are being amended. As
the situation is now, the
provinces rural community is
virtually powerless to stop
trespassers. All farmers have
horror stories of trespassers
making free with their
property. Domestic ducks
and geese are shot. Cattle and
other livestock are wounded
or killed, fences are cut.
Gates are left open and
garbage is strewn around
fields including bottles which
play havoc with the tires of
the farm vehicles passing
over the land.
Ombudsman, including the
right to enter offices to
examine documents. He
would have his own research
staff, and the right to order
hearings by the, review board
if there is evidence of
When the Act was drafted,
no doubt most of Ontario was
unoccupied land and an
important source of food
supply. Now virtually all the
province is under ownership
and the forest is no longer a
source of food, yet this out-
dated law still dominates
rural areas of Ontario.
I'm a'}ittle surprised that a
Private Member's Bill had to
be introduced to amend the
Act. As far back as December
1976, I wrote a letter and '
directed it to the Attorney
General's office asking that
the Act be brought under
review and amended. The
letter and material for-
warded eventually ended up
in the hands of Counsel,
Policy Development Division
of the Ministry of the
Attorney General, who ad-
vised that an intensive
examination of the law and
issues related to, both the
liability of occupiers of land
to entrance onto their
premises and the rights of
occupiers against trespassers
is underway in the Ministry.
He was hoping that some
relevant legal reform will
result. I do not know why the
Attorney General did not
introduce any amendments to
the Act and why he waited for
a Private Member's bill to be
introduced.
Nevertheless, the amen-
dments to the Petty Trespass
Act are supportable, although
some of the anglers and
hunters feel that the clause
which would require that
every person who unlawfully
enters or in any other way
trespasses upon another
person's land must obtain
written permission, is unduly I
harsh. particularly, in the
northern part of the Province
where boundaries are oh-
scure and where the owners
of such property cannot be
located. This concern will be
examined at the Committee
stage.
I have supported the bill
and I feel the time is long
since passed when rural
Ontario should provide a
playground for the Province.
An independent com-
missioner and review hoard
will he established to hear
citizen complaints against
policemen. The new seven -
member Citizens' Complaints
and Police Discipline Review
Board would he appointed for
a three-year term, and would
have power to dismiss,
demote, fine or reprimand
police,
The commissioner would
have over-all responsibility
for handling complaints
against local police forces
and the Ontario Provincial
Police, although policy forces
would carry out initial in-
vestigations. If a citizen is not
satisfied, or the charge is
'serious, the commissioner
would continue the in-
vestigation. His powers would
be comparable to those of the
misconduct or unsatisfactory
performance by police.
The Provincial Ombud-
sman has expressed the view
that his office's operations in
Northern Ontario will have to
be terminated because the
ueen's Park
Legislature's Board of
Internal Economy has
slashed his request for $1.1
million in supplementary
financing back to $600,000.
"I really feel we have been
emasculated by this," he
said. "We'll almost have to
close up shop, except to carry period from July 1976 to
on the office and do work March, 1977.
around Toronto." Under amendments to the
The area from Parry Sound Highway Traffic Act, the
north produced just under 30 Ontario Government will give
per cent of the 4,989 cases police the power to confiscate
brought to completion by the radar warning devices, called
404"–
BY JACK RIDDELL, M.P.P.
manufacturer. The bill will
allow police to seize the
devices from cars, although it
will not make their possession
illegal if they are not in a
vehicle. The owner of the car
with one of the warning
Ombudsman's office in the Fuzzbusters by one devices would be subject to a
fine of from $50 to $500
Minister has acknowled$
that enforcement of the
might be difficult but
"most citizens are
abiding" and he hoped 11>p
would stop buying
devices.
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