Alberta Court Stikes Down Trespass to Premises Act

An Alberta Court struck down the provincial Trespass to Premises Act (TPA) as “unconstitutional” as it relates to public property in R v S.A. This decision prevents Transit Authorities across Alberta from using the Trespass to Premises Act to ban individuals from using their facilities.

R v S.A was about a young woman who was banned from all Edmonton LRT stations due to her involvement in an altercation at a single station. This eliminated her ability use public transit in Edmonton.

This is a long and thoughtful decision addresses the Liberty interest found in S.7 of the Charter. On reading the decision, I believe this decision will, over time, extend to all public places where the Trespass to Premises Act might be used by any public authority in Alberta.

Since 1976, Canadian courts have been whittling away at the right of private property owners to keep out trespassers under provincial trespass legislation. The reasoning presented in this decision may become the norm throughout Canada and it may have unforeseen implications for private landowners.

Security and facility management should begin reviewing trespass policies, operating practices, and training in the light of the direction and standards outlined in this case. It seems that the prudent course is to ensure trespass bans are objectively defensible and proportionate to the inappropriate behaviour. Implementing an appeal process for a trespass ban also seems judicious.

Please note that this decision is currently under appeal. It is also from a Provincial Court and not binding. However, understand that landowners rarely get expanded rights from the courts; it usually goes in the other direction.