Alberta government introducing bill to bar federal employees from trespassing on private property

Alberta's government House leader is accusing federal officials of trespassing on private property, but the provincial justice department said there's no evidence of that occurring.

"We are seeing federal employees trespass onto private land in Alberta and, as a result of that, we don't think that that's appropriate," Joseph Schow, government house leader and MLA for Cardston-Siksika, told reporters Wednesday.

Schow outlined a bill coming in the spring legislature sitting to stop the perceived illegality.

"We are making that an offence in this province, especially for the water testing," he said. 

"Should federal employees decide to trespass on private land, they will be charged."

Schow directed reporters to Justice Minister Tyler Shandro's office for details on which federal workers were illegally entering private land and for what purpose.

Shandro's spokesperson, Ethan Lecavalier-Kidney, responded in a written statement: "There have been no confirmed cases of trespass by federal government employees in Alberta."

But Lecavalier-Kidney added: "Concerns were raised by landowners following events that transpired in Saskatchewan in 2022 when a property owner identified trespassing occurring without permission."

Last summer, the Saskatchewan government complained to Ottawa when a landowner accused federal inspectors of taking water samples from a dugout on private land without consent.

Saskatchewan then amended its laws to include federal workers as among those who cannot trespass.

Lecavalier-Kidney said Alberta is looking at a similar change.

"A review determined that the Petty Trespass Act and Trespass to Premises Act, which already applies to individuals and corporations, could be further strengthened by extending the act to apply to the federal government," he wrote.

Environmental and tort law Prof. Martin Olszynski said while he waits to see the details of Alberta's bill, it appears both provinces are indulging in political window dressing.

Under the Canada Water Act, inspectors have the power to walk onto private land to conduct tests subject to restrictions, such as not entering someone's house.