Manitoba farmers have the right to feel safe and secure while on their property.
Rural communities in Manitoba face unique challenges when it comes to crime due to their remote nature. Law enforcement requires adequate resources to prevent and respond to rural crime.
FAQ
Below is an FAQ section about topics relating to property crime and insurance. The Insurance Bureau of Canada provided the responses.
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Standard home and farm insurance policies cover damage to property from a variety of different perils. If you have damage from trespassers, reach out to your insurance representative to discuss the coverage you have and how it will respond to the damage. Here is a link with more information from Insurance Bureau of Canada on personal property theft prevention.
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Most insurance providers have 24/7 claims reporting options. If you have damage from trespassers, you can start the claims process right away. An adjuster will be assigned and help guide you through the next steps. Photos or video of damage, as well as a detailed list of items missing will be helpful to move through the process. Here is some information on how to file a claim.
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A standard home or farm insurance policy covers many different perils, and every insurance policy has specific terms, conditions and limits to coverage, as well as a deductible. Each policy is tailored to your specific needs, so if you have a claim, work with your insurance provider who will assist you in the process. Here is some more information on insurance basics.
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Insurance is about risk. Factors that help reduce risk can be beneficial over the long term to help reduce future premiums, lower your chance of loss or damage, or aid in a claims investigation to help confirm who/what caused damage. Some insurers do provide discounts for specific risk-reduction measures, so speak to your insurance provider to understand the options available. Here is some more information on how to help drive down your insurance rates.
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Yes, having a detailed inventory of all your property is helpful when you have a claim, or to share with law enforcement who can track and return property, if it is ever found. Here is some more information on managing risk, along with a handy home inventory template.
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Once you settle with your insurance company on the property items stolen, you are essentially providing ownership of the property to the insurance company. If your stolen property is later found, contact your insurer to discuss options.
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Every insurance claim is investigated thoroughly based on individual circumstances. An insurance policy is a legal contract with terms, conditions and limits, which responds to specific situations that are covered by your policy. Legitimate claims are routinely covered on a regular basis every day, across the country. In fact, billions of dollars are paid out every year in Canada from home, auto, farm and business insurance claims. Remember, if a person is submitting a false or fraudulent claim, this is a criminal offense, and the perpetrator could be subject to criminal prosecution.
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A variety of different factors are involved in calculating your insurance premium which include where you live and crime rates in your area. Check out this link with more information on factors that determine your home insurance rate.
Below is an FAQ section about Rural Crime. Myers LLPprovided the following answers.
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As a property owner, you owe a duty to persons entering your property. That duty is set out in legislation in the Occupier’s Liability Act. As an “occupier”, you generally owe a duty to take reasonable care to ensure that people entering your premises are safe. That duty extends to risks that are related to the condition of the premises and all activities conducted on the premises. In the event that someone is injured while on your property, the owner of the property could be deemed liable if the injury can be said to have occurred as a result of the owner’s failure to take reasonable care of the premises. The classic example is a property owner who failed to put salt or sand down on their property when there are icy conditions. If a person slips and falls on the ice, the property owner could be liable for their damages.
When someone is on your property without permission, they are a “trespasser.” The duty of care owed to trespassers is typically lower than the duty owed to lawful entrants. The limited duty of care is specifically set out in s. 3(4.1)(b) of the Occupier’s Liability Act when a person has entered the premises without permission for the purpose of committing a criminal act. However, an occupier still owes a duty not to create a danger to the trespasser, or act with reckless disregard for the safety of a trespasser. In other words – Kevin from the Home Alone films may have been deemed liable for his booby traps pursuant to the Manitoban Occupier’s Liability legislation.
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In order to reduce liability from unauthorized individuals accessing hazardous areas, a property owner should take steps to identify and secure all dangerous areas. Diligently monitoring potentially unsafe conditions, keeping walkways free of clutter, spills or objects and removing anything that could result in the creation of a dangerous situation are all steps that can be taken. Additionally, repairing any deficient equipment, installing adequate lighting, displaying warning signs, and blocking off hazardous areas via fences or blockades are all hallmarks of an occupier who is attempting to meet their duty to ensure their property is safe. Finally, carrying adequate insurance coverage to protect against liability is a mechanism for protecting against financial losses, if an accident does happen.
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Example: I have a chain and no entry sign on the stairs that go 50 feet along a grain bin.
Providing proper signage to warn potential visitors (or even trespassers) of potential hazards may indicate that you have met your duty and reduce your liability in the event that an injury occurs. That said, you are still obligated as an occupier to ensure that the premises are safe, which would likely extend beyond simply placing warning signs on the property. This could include blockades, adequate lighting, anti-slip materials on walkways, etc.
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Proper signage demarking your property as private and identifying any dangers to the property may reduce the likelihood of trespassers on the property. Additionally, when reasonable, having fencing or at least fences at points of entry could reduce trespassers and show the property is owned and not Crown land. Essentially showing the property is maintained, frequented by the owners, and monitored (either via physical monitoring and attending the property or via cameras) will all deter trespassers.
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You should call the police if someone is trespassing on your property.
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Whoever witnesses a crime, it is best to write down what you see and hear and relay all details to police. Colours of clothing, style of clothing, hair, eye colour (if close enough), vehicle (make, model, licence) – any and all details can help the police. Do not think that a detail is insignificant.
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Subject to several exceptions, it is an offence under the Manitoba Trespass Act for any person to enter on lands or premises that are wholly enclosed or that are partially closed or marked with conspicuously placed signage in a manner that indicates an intention to keep persons off or animals on the premise.
In some jurisdictions, provincial legislation authorizes an owner / occupier authorized to arrest trespassers. The person making the arrest is entitled to use reasonable force to detain the trespasser. If the force is not reasonable, the person making the arrest is exposed to civil liability.
In Manitoba, there is no equivalent legislation that would provide a person the authority to arrest a trespasser. While there may be some circumstances where detaining a trespasser until law enforcement arrives, as a general rule of safety, it is likely unwise to detain a trespasser until law enforcement arrives.
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You could be liable for using force if someone trespasses on your property. Specifically, if the force is deemed unnecessary and/or excessive, the fact that a person is trespassing would not necessarily allow you to use force on the trespasser. You could, therefore, be liable for any damages they suffer as a result of the excessive use of force.
From a criminal standpoint the standard for self-defense is if it was reasonable and proportionate force. In Canada, you cannot point a gun or discharge a firearm and claim that it was to deter a trespasser – that would be a crime.
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The law regarding third-party access to agricultural Crown land in Manitoba is primarily governed by The Crown Lands Act and its associated regulations.
Section 2 of the Agricultural Crown Lands Leases and Permits Regulation, Man. Reg. 152/2017, states that no person shall cultivate, graze livestock, or cut hay on Crown lands except under the authority of an agricultural lease or permit.
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Under s. 1 of the Manitoba Trespass Act, a person will be guilty of a civil offence if they enter on lands without the permission of the owner, tenant or occupier of:
(i) lands or premises that are wholly enclosed by means of a fence, wall or natural boundary,
(ii) lands or premises that are partially enclosed, or marked with conspicuously placed signage, in a manner that indicates an intention to keep persons off or animals on the lands or premises,
(v) a farmyard or storage site for agricultural equipment,
(vi) lands or premises used for the cultivation of crops, the grazing or feeding of animals, the raising of birds or fish, or beekeeping; or
If someone enters lands that are not listed above, after the owner has told them not to do so, they are also guilty of civil trespass.
The Trespass Act provides an exception for honest belief (when a person trespasses acting under the honest and reasonable belief that they had the right to do so). Therefore, signage, fences or verbal indications would likely mitigate against a trespasser alleging that they held the honest belief that they were entitled to be on the Property.
In a Criminal context Section 177 of the Criminal Code states:
177 Every person who, without lawful excuse, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
For this “loitering” is defined in caselaw as a purposeless wandering about an area (including standing idly around) and “prowling” is conduct with a specific unlawful goal.
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Criminal trespass is an offence under the criminal code (as above) and can result in criminal charges being laid against the perpetrator.
Civil trespass is a tort which means it is a civil wrong against the owner of the property. In Manitoba, civil trespass falls under The Trespass Act, where entering or remaining on specified premises without permission constitutes an offence, subject to certain exemptions. A finding of an offence under the Manitoba Trespass Act, and may entitle a property owner to damages resulting from the trespass.
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As discussed, an occupier still owes a duty not to create a danger to the trespasser, or act with reckless disregard for the safety of a trespasser.
The Manitoba Animal Liability Act provides for a strict liability tort. Section 2(1) of the Animal Liability Act says that the owner of an animal is liable for damages resulting from harm that the animal causes to a person or to property, but the Court will reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the harm. Therefore, if someone is trespassing on your property and is bitten by your dog, a strong argument could be and that the trespasser has contributed to the harm.
If someone is trespassing on your property and is bitten by your dog, the trespasser would be required to show that they did not contribute to the harm.
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The Privacy Act of Manitoba outlines that privacy can be violated through unauthorized surveillance or recording, whether it’s auditory or visual.
Courts will often focus on a person’s “reasonable expectations of privacy” in a given circumstance. If a person is trespassing, they may be said to have a diminished reasonable expectation of privacy in a civil context.
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Call the police and ask for a case number to follow up with.
Put up fences or barriers that prevent thieves from accessing your property.
Put up motion activates lights and cameras (with signage) to further deter someone from accessing your property.
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Phone the police and report the theft with as much detail as possible including dates, time, VIN numbers (if applicable), descriptions of the property, and where it is currently located (if known).
Commence a civil action for recovery of said property or damages to compensate your loss.