Limits Lawsuits by Criminal Trespassers

Summary#

• This Manitoba law limits when people who trespass to commit a crime can sue a property owner for getting hurt.
• It mainly protects “occupiers” (people or businesses who control property, like owners or tenants) from lawsuits by trespassers age 12 or older.
• A narrow exception allows a lawsuit if the occupier uses extreme, unlawful force and is convicted of a serious criminal offence.

Key changes:

• If someone 12 or older enters land or a building without permission to commit a crime (or the occupier reasonably believes they are), the occupier is generally not liable for the person’s injury or death on that property.
• An occupier can still be sued if their conduct was wilful and far beyond what was reasonable, and they are convicted of a serious crime (prosecuted by indictment) for that conduct.
• The usual deadline to sue (the “limitation period”) is paused until any related criminal case against the occupier is finished, including all appeals. This applies only to the narrow exception above.
• The Occupiers’ Liability Act is adjusted to clearly set a limited duty of care to trespassers age 12 or older and to align with the new Criminal Trespassers Act.
• Children under 12 are not covered by these new trespasser limits.

What it means for you#

• Property owners and tenants

  • You are generally protected from being sued by a person 12+ who trespasses to commit a crime and gets hurt on your property.
  • This protection does not allow you to use excessive force. If you use deliberate, extreme force and are convicted of a serious crime, you can still be sued.
  • If there is a criminal case against you over an incident, the clock for any civil lawsuit related to that incident is paused until the criminal case (and appeals) ends.

• Businesses and farmers

  • Similar protections apply to stores, worksites, and farms. People 12+ who break in or enter to commit a crime usually cannot sue if injured on-site.
  • You should still avoid dangerous measures (like traps) or extreme force. A criminal conviction for such actions could open you up to a lawsuit later.

• Families of injured or deceased trespassers

  • If your loved one (12+) was trespassing to commit a crime, a lawsuit against the occupier is largely blocked.
  • A claim may proceed only if the occupier used extreme, unlawful force and is convicted of a serious offence. The time limit to sue is paused until that criminal case is fully over.

• Young people

  • The law’s limits start at age 12. Children under 12 are not covered by these new trespasser rules, so different duties of care still apply to them under existing law.

• Insurers

  • Property and liability insurers may see fewer claims from injuries to criminal trespassers 12+, except in rare cases involving an occupier’s serious criminal conviction.

Expenses#

No publicly available information.

Proponents’ View#

• Property owners should not face lawsuits from people hurt while breaking in or committing crimes.
• The law gives clear protection and may reduce legal and insurance costs tied to trespass-related claims.
• It could deter crime by removing payouts to criminal trespassers.
• The exception for extreme, unlawful force ensures there is still accountability for serious wrongdoing by occupiers.
• Aligning the liability law with the new trespass rules makes the system simpler and clearer.

Opponents’ View#

• The rule may encourage some occupiers to take risks or use force, believing they are shielded from lawsuits.
• Reducing liability could lessen incentives to keep properties reasonably safe, increasing harm to others.
• Allowing protection when an occupier “reasonably believes” someone intends a crime could lead to mistakes that hurt innocent people.
• Applying the rule to youth as young as 12 may be too harsh given maturity and judgment at that age.
• Tying the right to sue to a serious criminal conviction sets a high bar, making it hard for injured people or families to seek damages.