The Criminal Trespassers Act and Amendments to The Occupiers' Liability Act
Chamber
manitoba
Stage
Introduced
This Manitoba bill removes the right of criminal trespassers aged 12+ to sue property owners for injuries suffered while trespassing.
Key Changes
- Property owners cannot be sued for injuries or death of criminal trespassers aged 12 or older
- Property owners are only liable if their response was wilful, grossly disproportionate, AND resulted in a criminal conviction
- The Occupiers' Liability Act is updated to reflect the reduced duty of care toward any unauthorized person aged 12 or older
- The Limitations Act is amended so the deadline to file a lawsuit is paused until all criminal proceedings against the property owner are finished
- The definition of 'criminal trespasser' includes people the owner reasonably believes intend to commit a crime, not just those proven to have that intent
Gotchas
- The 'reasonable belief' standard means a property owner only needs to believe someone intended to commit a crime — the trespasser does not need to be charged or convicted of anything for the lawsuit protection to apply.
- Children under 12 are fully excluded from this law, meaning the old duty-of-care rules still apply to younger trespassers.
- The only way a property owner loses protection is if they are actually convicted of a Criminal Code offence prosecuted by indictment — a high legal bar that excludes summary (minor) offences.
- The limitation period pause could extend the window to sue by many years if criminal proceedings are lengthy or involve multiple appeals.
- The bill is a private member's bill (Bill 210), which typically has a lower chance of passing than government-introduced legislation.
Who's Affected
- Property owners and occupiers in Manitoba
- People who trespass on private property
- Families of trespassers who are injured or killed on private property
- Lawyers and courts handling civil liability cases
- Youth aged 12 and older (the age threshold for this law)
Vibes
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Gotchas
- The 'reasonable belief' standard means a property owner only needs to believe someone intended to commit a crime — the trespasser does not need to be charged or convicted of anything for the lawsuit protection to apply.
- Children under 12 are fully excluded from this law, meaning the old duty-of-care rules still apply to younger trespassers.
- The only way a property owner loses protection is if they are actually convicted of a Criminal Code offence prosecuted by indictment — a high legal bar that excludes summary (minor) offences.
- The limitation period pause could extend the window to sue by many years if criminal proceedings are lengthy or involve multiple appeals.
- The bill is a private member's bill (Bill 210), which typically has a lower chance of passing than government-introduced legislation.
Summary
This bill creates a new law called the Criminal Trespassers Act and changes an existing law called the Occupiers' Liability Act in Manitoba. Under the new rules, if someone aged 12 or older enters a property without permission and intends to commit a crime there, the property owner (called an 'occupier') cannot be sued if that person gets hurt or dies on the property. This applies as long as the property owner did not act in a wildly excessive or disproportionate way that led to a criminal conviction. The bill was introduced to protect property owners from civil lawsuits filed by people who were trespassing for criminal purposes. Previously, property owners had some duty of care even toward trespassers. This bill significantly reduces that duty when the trespasser is there to commit a crime. There is also a change to the Limitations Act, which sets deadlines for filing lawsuits. The clock on filing a claim is paused until after any criminal charges against the property owner are fully resolved, including all appeals. This ensures that if a property owner is eventually convicted, the trespasser (or their family) still has time to sue.
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Vibes
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