The Criminal Trespassers Act and Amendments to The Occupiers' Liability Act
Chamber
manitoba
Stage
Introduced
This Manitoba bill removes an occupier's legal liability when a trespasser aged 12+ is injured while committing a crime on their property.
Key Changes
- Creates The Criminal Trespassers Act, which removes an occupier's civil liability for injury or death of a trespasser aged 12+ who entered to commit a crime
- Occupiers can still be held liable if their response was wilful, grossly disproportionate, and resulted in a criminal conviction
- Amends The Limitations Act so the filing deadline for a criminal trespasser's claim is paused until after all criminal appeals against the occupier are exhausted
- Amends The Occupiers' Liability Act to expand the limited duty-of-care provision to all unauthorized entrants aged 12 or older
- Removes a previous subsection (3(4.1)) of The Occupiers' Liability Act that is no longer needed
Gotchas
- The age threshold of 12 years old means that children under 12 who trespass retain full legal protections under existing occupier liability law, while those 12 and older do not.
- The occupier's liability exception requires both a criminal conviction AND conduct that is 'wilful and grossly disproportionate,' setting a high bar for a trespasser to successfully sue.
- The limitation period pause is tied to the occupier's criminal conviction and appeals process, meaning civil claims could be delayed for years depending on how long criminal proceedings take.
- The bill does not define what constitutes a 'criminal act' for the purpose of determining intent, which may require courts to interpret this on a case-by-case basis.
- The bill applies to injury or death occurring while the person is on the premises, meaning it does not cover harm that occurs after the trespasser has left the property.
Who's Affected
- Property owners and occupiers in Manitoba
- Individuals who trespass on private property to commit crimes
- Families of trespassers who are injured or killed on private property
- Legal professionals handling civil liability and personal injury cases
- Youth aged 12 and older who trespass
Vibes
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Gotchas
- The age threshold of 12 years old means that children under 12 who trespass retain full legal protections under existing occupier liability law, while those 12 and older do not.
- The occupier's liability exception requires both a criminal conviction AND conduct that is 'wilful and grossly disproportionate,' setting a high bar for a trespasser to successfully sue.
- The limitation period pause is tied to the occupier's criminal conviction and appeals process, meaning civil claims could be delayed for years depending on how long criminal proceedings take.
- The bill does not define what constitutes a 'criminal act' for the purpose of determining intent, which may require courts to interpret this on a case-by-case basis.
- The bill applies to injury or death occurring while the person is on the premises, meaning it does not cover harm that occurs after the trespasser has left the property.
Summary
This bill creates a new Manitoba law called The Criminal Trespassers Act and changes the existing Occupiers' Liability Act. Under current law, property owners (called 'occupiers') have some duty of care even toward trespassers. This bill removes that duty when the trespasser is 12 years old or older and entered the property without permission in order to commit a crime. The bill means that if someone breaks into a property to commit a criminal act and gets hurt or killed, they (or their family) generally cannot sue the property owner for damages. However, the property owner can still be held liable if they responded in a way that was intentional, wildly excessive, and resulted in a criminal conviction under the Criminal Code of Canada. The bill also adjusts the Limitations Act so that if a criminal trespasser does have a valid claim (because the occupier was convicted), the clock on filing that lawsuit doesn't start running until after all criminal appeals are finished. This ensures the legal timeline is fair given the requirement for a criminal conviction before a civil claim can proceed.
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Vibes
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