A Sudbury man says residents in the city are being unfairly ticketed for walking near the city's railway tracks. Derek Desormeaux spoke with CBC reporter Marina von Stackelberg. 6:43

A Sudbury man says he's shocked after he was fined for walking too close to a train track and is claiming CN Rail is unfairly ticketing people who aren't aware of the law.

However, an official with CN Rail says walking near tracks is dangerous and illegal.

Derek Desormeaux often takes his infant daughter for walks on a dirt trail north of the Donovan near the train tracks, and said he was bewildered when two people in uniform jumped out of a car last Thursday and starting talking to him.

Desormeaux said he asked if something was wrong, and he was told yes and that he was trespassing on CN property.

Derek Desormeaux recently received a $125 ticket for walking too close to CN Rail tracks. (Marina von Stackelberg/CBC)

He was also handed a fine for $125.

"It doesn't seem fair to just pop out and fine someone a hundred bucks for something they don't know about," he said.

"A sign is probably a lot cheaper than to have two officers sit in a vehicle all day and giving tickets to people who probably don't know this law."

The well-worn dirt path runs alongside a single set of train tracks near Notre Dame Avenue, and about four and a half meters separate the edge of the track from the trail.

Desormeaux said he's angry there is no fencing or signs to indicate he was trespassing.

"If there is a problem, they should put up signs or something, or make the public more aware that we cannot use this area," he said.

'Dangerous and illegal'

CN Rail declined to do an interview with CBC News, but in an e-mail statement, Pierre Bergeron, regional manager of public and government affairs for CN said the company won't comment as a ticket 'is the beginning of a court procedure.'

Bergeron added the policy is in place to protect the public.

"It is dangerous and illegal to trespass on CN Property and trespassers will be prosecuted," he said.