The Government of Saskatchewan is reviewing trespass related legislation in Saskatchewan to determine if changes are warranted to consolidate the approach taken in existing legislation and to better address the appropriate balance between rural land owners and members of the public. As part of this review, we asked Saskatchewan citizens for their views.
Hunting and Fishing Rights
It should be noted that First Nations hunting and fishing rights are Constitutional rights that are set out in the Treaties and are protected by the Natural Resources Transfer Agreement of 1930. Whether First Nations people have a right of access to any particular lands will continue to be governed by the Treaties, the Natural Resources Transfer Agreement, and the court decisions that have interpreted those rights.
Government’s view is that the current Trespass to Property Act does not affect Treaty hunting and fishing rights as it neither creates a right of access to privately owned land nor takes those rights away. This will in no way change with any of the possible amendments discussed in this paper.
The Government of Saskatchewan is also of the view that Métis Aboriginal hunting and fishing rights are not affected by any amendments that may be proposed to The Trespass to Property Act. Whether Métis people have access to any particular lands for the purpose of hunting and fishing will continue to be governed by the court decisions that have interpreted those rights.
This questionnaire is now closed.
If you have any questions regarding this review, please email: LSBQuestionnaire@gov.sk.ca