How a Property Defence Can Help Landowners Defend Theirself

The government of Alberta is introducing legislation to help landowners defend themselves. This legislation comes after the case of an Okotoks man who shot an intruder and was sued by the intruder. It has rekindled debates about rural crime and property rights. Justice Minister Doug Schweitzer has outlined a series of measures aimed at addressing these issues.

Mischief charges

Mischief is an offence that involves the destruction of property. In Calgary, there are two categories of mischief – those that cause over $5,000 in damage and those that do less than that. Mischief is a serious crime that can land you in jail, but there are ways to fight mischief charges in Calgary.

A property defence against mischief charges involves proving that you did not cause damage to the property in question. It is difficult to prove possession, but even if the Crown proves that you obtained the property from a crime, it may still be possible to argue that you had no intention of causing damage to the property.

Public mischief charges

A property defence in Calgary can be an important component of your defence against a public mischief charge. Depending on the value of the property involved, mischief charges can carry punishments ranging from a fine and probation to jail time. A Calgary property defence lawyer can help you determine your best options based on the facts of your case.

One common mischief charge involves vandalism. TheĀ Crown Attorney’s Office prosecutes individuals who cause damage to public property. A conviction can result in up to five years in jail and additional fines. The Crown may also seek restitution, which is the cost of the offence to taxpayers. Such penalties can total hundreds of thousands of dollars.

Vandalism charges

If you have been charged with vandalism, it is advisable to contact a Calgary property defence attorney as soon as possible. The lawyer can assess the strength of the prosecution’s evidence and explain your options. The lawyer will also explain what the likely consequences of each choice are. It is advisable to retain the services of a local Calgary property defence attorney as they are familiar with the court system in your city and the procedures that are followed.

Usually, the investigation process of an alleged mischief charge begins when the victim contacts the Calgary Police Service. The police will typically request a written or videotaped statement from the complainant and any witnesses. Since Calgary police take property crimes very seriously, they will conduct a thorough investigation of the case. This will include interviewing witnesses, reviewing video surveillance, seizing evidence, photographing the scene and obtaining receipts for damaged property.

Possession of stolen property charges

If you’ve been accused of possessing stolen property, you need to speak to a Calgary criminal defence lawyer. Generally, possession of stolen property charges begin with a witness’s complaint. This witness may be an alleged victim or a person who witnessed the property being taken into possession. In these cases, police will respond to the scene and request a written statement from the witnesses.

Possession of stolen property is a crime that carries a jail sentence. Additionally, a conviction for possession of stolen property can damage your reputation in your community. Potential employers may refuse to hire you, and friends may view you as untrustworthy.

Legal rights of landowners

In Alberta, there are laws protecting landowners from adverse possession. The Land Titles Act, for example, protects landowners from such claims. Moreover, it makes it difficult for someone to acquire land through adverse possession, even if they’ve possessed it for at least 10 years. In addition, the Limitations Act in British Columbia prohibits people from acquiring land by adverse possession, except in very limited circumstances.

The law protects landowners from civil liability when they use force lawfully to protect their property. This law applies only when the landowner has acted in good faith. The same law does not protect landowners who commit crimes. It is retroactive, which means that landowners who used force to protect their property before Jan. 1, 2018 will be protected from a civil lawsuit. Eddie Maurice, who was accused of trespassing in February 2018, was unable to file a civil lawsuit against his landlord because the law was already in effect.