Bill
63–The Petty Trespasses Amendment and Occupiers' Liability Amendment Act
Hon. Jon Gerrard (River
Heights): While we supported Bill 62 in the
interest of ensuring a strong approach to biosecurity, we do not support this.
We believe that this legislation, this amendment to the petty trespassers act,
goes far beyond what is common sense, and I will take you through–take members
of this Chamber–the reason for this.
We
have recognized not only in Manitoba but in Ontario that the petty trespassers
act has been used to ban people from going to visit their loved ones in
personal-care homes. This is an act which can very easily be badly misused if
one is not careful. And that is where we start: that one has to be very careful
with this legislation or it can be very badly misused.
In
this legislation, we tried to suggest four amendments to the government which
would have taken some of the nonsensical components out of this legislation.
Under this amendment, it is now an offence, all right, to walk on your
neighbour's residential lawn without their permission. This is an offence
which is subject to a fine of up to $5,000.
Now, are we going to fine
postmen who walk across lawns in Winnipeg? Are we going to fine children who
walk on their neighbours' lawns to play? This is ridiculous legislation. It
should not have passed any sort of common sense filter that should've been
present and demonstrates that the government is lacking some common decency and
common sense.
The
second area that we suggested an amendment was where the bill creates an
exemption for people using a pathway to the door of a building, and that is
good and is reasonable. We suggested that it not be just a pathway but that it
also include a road to make it very clear that a person could drive up on a
road in a rural area to somebody's home and that that would not be an offence.
That was reasonable to us to eliminate problems with people driving into
their–up to their–visit their neighbours. You know, this is beyond common sense
to not include roads as well as pathways or sidewalks.
Next, we included a mention–an exemption for individuals who unintentionally
entered land. We think that this is reasonable, particularly given that this is
new legislation; a lot of people will not have heard that it's now going to be
an offence to walk on your neighbour's lawn. It's reasonable in the urban as
well as a rural context to put in this legislation an exemption for people who
unintentionally enter the land or walk up on somebody's lawn.
The
fourth amendment we put in had to do with ensuring that Indigenous persons
could exercise their Aboriginal and treaty rights. Now, the minister has sad
that this does not take away from any Aboriginal or treaty rights, but the bill
does not say so. And the bill doesn't have reasonable measures within it to
protect or exempt Indigenous people who are exercising their Aboriginal and
treaty rights. It is not common sense to not put that in there to make sure
that it's very clear, as it should have been.
And
the last comment I want to make has to do with a situation of individuals like
Colten Boushie, who entered into land, and in doing so, his purpose was
mistaken and he was shot. We do not want people shot in Manitoba because of
petty trespassing. We do not want situations as have occurred in the case of
Colten Boushie in Saskatchewan.
So,
we are not supporting this legislation. We will vote against it. We will vote
against it because this legislation doesn't meet a standard criteria of common
sense which legislation should meet, and it may–by its passing–create a
situation where it puts people in danger, in danger of death in–given past
experience.
So
we are strongly against this legislation. And this has nothing to do with being
against farmers or rural people; it has everything to do with the fact
that this legislation is not a piece of legislation which makes
common sense and we think that legislation should be sensible and not overreach,
as this legislation does.
So,
thank you, Mr. Speaker, merci and miigwech.
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