Bill 222, The Occupiers' Liability Amendment Act, received second reading today in the Legislative Assembly by Opposition House Leader and Interlake-Gimli MLA Derek Johnson. The bill had its required question period and could have been called to a vote, however members chose to "speak out" the bill and timed out before a vote could be taken. MLA Johnson will be able to call the Bill again in the future to continue the process.
MLA Johnson introduced new legislation on March 26th to protect property owners from unjustified lawsuits by criminals who are injured while trespassing.
Bill 222 would protect property owners from being held legally responsible if someone illegally enters their property intending to commit a crime and is injured or killed. The bill recognizes that rural properties and farms can pose specific risks and dangers and ensures property owners are not unfairly targeted by lawsuits from trespassers who break the law.
It's important to note, property owners could still be held liable if their actions are found to be intentional, excessively forceful, and result in a criminal conviction. Bill 222 would also update The Limitations Act to pause the deadline for filing a lawsuit until after any related criminal charges have been resolved.
The following are excerpts from today's 2nd reading of Bill 222 in the Manitoba Legislature, with focus on the questions from MLA for Brandon West, and former Brandon Police Chief, Wayne Balcaen:
Brandon West MLA, Wayne Balcaen:
"I'm wondering, how does this legislation ensure that property owners, particularly in rural and agricultural areas, are not held responsible for injuries sustained by those unlawfully entering their land."
Opposition House Leader and Interlake-Gimli MLA Derek Johnson:
"Yeah, of course that we know rural and agriculture property owners often deal with trespassing incidents that put their land, their livestock and even their livelihoods at risk. This legislation limits their liability ensuring that they are not responsible for injuries sustained to those who knowingly and unlawfully enter their property to commit a crime. And it recognizes the unique challenges faced by farmers in rural communities that provide them with a greater legal certainty. A farm can be an inherently dangerous place and can be difficult, if not impossible, to manage all those risks."
Brandon West MLA, Wayne Balcaen:
"I really want to compliment the MLA from Interlake-Gimli on bringing forward this very proactive legislation. He mentioned something in his opening remarks about ‘common sense legislation’ and this really is common sense as we look at protecting individual right, but also those that are involved in this as property owners. So what measures are in place to ensure that property owners are only held liable in extreme cases where their actions are willful, grossly disproportionate and lead to a criminal conviction?"
Interlake-Gimli MLA Derek Johnson:
"This legislation isn't about ‘make my day’ law or ‘stand your ground’ or whatever some of those terms are to our neighbors, to the south of us. This legislation sets a high threshold for liability requiring that a property owner must have acted with intent in a matter that is grossly disproportionate to the situation and must also have been criminally convicted for their actions. This ensures that only truly defiant cases can result in liability, preventing frivolous claims from coming against property owners, farmers, ranchers and those that are acting in good faith to protect their homes and businesses."
Brandon West MLA, Wayne Balcaen:
"Again, common sense legislation that is being brought forward by the member for Interlake-Gimli and I'm looking forward to full party support on this Bill. As was previously mentioned, if the numbers opposite were outdoor knocking, they would learn that the constituents really want to see this path. How does the Amendment to the Limitations Act protect the legal rights of the injured party."
Interlake-Gimli MLA Derek Johnson:
"This amendment extends the time frame for filing a lawsuit against a property owner until after criminal charges against them have been resolved. So, if the homeowner is charged and convicted, then that does allow the trespasser the criminal, the violator to press charges. This ensures that if the property owner's actions have only been deemed to be criminal in nature, the injured party will still have the full suite of legal remedies available to them.
So, if a trespasser goes into a booby trap that the property owner sets up, they [the trespasser] will have rights for a civil suit."
Brandon West MLA, Wayne Balcaen:
"What feedback have you received from property owners, farmers in rural communities in support of this legislation? And I ask this in the wake of the extensive rural crime that is happening under this NDP's watch and this Minister of Justice’s lack of foresight on rural crime and the safety of Manitobans."
Interlake-Gimli MLA Derek Johnson:
"Obviously, besides the judges and the courts that are asking for this, I've heard strong support from farmers, ranchers, business owners, homeowners right here in the City of Winnipeg, who've been concerned about the rising number of trespassing incidents and crimes against them. Many have expressed that they feel vulnerable to both crime and potential legal repercussions through no fault of their own. This legislation responds directly to the concerns and provides them with greater certainty.
Some Members that I've contacted were actually astounded that a criminal could sue them if they got hurt on their property while they were perpetrating a crime," added MLA Johnson.
For the full second reading of Bill 222 including the statements/questions by NDP MLA Kildonan-River East Rachelle Schott visit the Manitoba Legislative Assembly website HERE or view the UTube video HERE.