The NWT gets a Trespass Act for the first time

A bill that makes trespass on private property an offence in the Northwest Territories received assent in the legislature last week.

Similar legislation hasn’t previously existed in the NWT but is being introduced as part of a suite of public safety laws intended to help curb crime.

The territory has previously said the law could:

• deter criminal behaviour by legally preventing people from being on property without permission;
• help businesses remove people from their property who “have caused damage or stolen goods in the past;” and
• allow the arrest of drug dealers who try to access property where “they do not have the permission of a lawful occupier.”

Speaking in the legislature on Thursday, justice minister Jay Macdonald said the legislation will create certain exemptions and defences to as well as sentences for violations.

“The proposed bill includes significant safeguards for Indigenous rights, including explicit recognition of Indigenous and treaty rights – ensuring Indigenous and treaty rights take precedence in the event of conflict – and requiring that the act be carried out in accordance with any applicable agreements,” Macdonald said.

In January, public hearings on the bill took place in Yellowknife and Hay River.

Appearing in front of regular MLAs that month, a senior NWT RCMP officer offered a nuanced take on what the legislation could do, saying it fills a gap in the options available to officers in certain circumstances.

In the legislature, Range Lake MLA Kieron Testart said the bill had received nine amendments since the hearings took place.

Testart noted some people had asked for agencies beyond the RCMP to be able to enforce the act’s provisions. The legislation was amended before passing to allow for other agencies to be included in the accompanying regulations, which are still to be drafted.

Macdonald said that area “will require a little bit more work” and he expects the picture to be clearer in about half a year’s time regarding how, for example, municipal bylaw officers might find themselves allowed to enforce this act.

While voicing support for the bill, Yellowknife North MLA Shauna Morgan expressed concern about expanding the pool of people who have the power to enforce the legislation.

“Remember that under the Trespass Act, the lawful owner or occupier of a property can order someone off their property for any reason,” said Morgan.

“Even if they’re not causing any specific trouble, the lawful occupier or owner can just say, ‘I want you to leave.’ And if someone doesn’t leave, then they’re trespassing.

“So I think we need to ask ourselves and ask people in the public, do we want bylaw officers or sheriffs – or security guards, even – handcuffing or restraining people simply for being somewhere they’re not supposed to be?”

Macdonald responded: “I think it’s critical that we consult and that we get feedback from the public and the organizations or communities that are interested in being involved here.”

A report on the bill from a committee of regular MLAs came with a recommendation that the GNWT “urgently create legislation that will regulate private security companies in the Northwest Territories and include a requirement for northern and Indigenous cultural awareness training.”

The lack of regulation for the private security sector in the NWT has been raised multiple times in recent weeks, especially after two security guards were charged with assaulting an Elder.

Testart urged the GNWT to look into the issue swiftly, noting public safety is a stated priority of the 20th Legislative Assembly.

“If regulating private security companies isn’t related to public safety, I don’t know what is,” he said.

Friday’s final vote on the bill that establishes the Trespass Act saw all 18 MLAs vote in favour.

Two other bills are considered part of a three-pronged legislative approach to bolstering public safety in the NWT.

A Civil Forfeiture Act, allowing the seizure of goods associated with crime in broader circumstances than is currently the case, is a little further back in the process than the Trespass Act. It has been referred to a committee of MLAs for study.

So-called Scan legislation, designed to use evictions to target suspected criminals, has yet to be formally introduced in the House but is expected to arrive this year.