EDMONTON—When Treaty 6 Grand Chief Wilton Littlechild hears talk about cracking down on trespassing, he understands where Albertans are coming from.

Living in Ermineskin Cree Nation south of Edmonton, he’s seen the growing frustration people have with crime. He says the communities he represents are worried about a perceived rise in thefts and break-ins, too.

But after being caught off guard by the government’s announcement last week of new legislation, Littlechild wants to know whether Indigenous people are being portrayed as the perpetrators or the victims in the province’s emerging narrative.

“I agree that homeowners should be able to lawfully defend their property, and that same principle should apply to us. But we’re not in this discussion at all. So it leaves us with the question — are they targeting us, or what’s going on?” Littlechild said.

“There’s some suspicion there, I guess I would say.”

Alberta’s new legislation, if passed, will increase the maximum fines for trespassing offences by five times — to $10,000 for a first violation and $25,000 for subsequent offences. Proposed amendments to the Occupiers’ Liability Act will also make it illegal to sue people who protect their property with force, as long as the property owner does not commit a criminal act in the process.

The changes come as Alberta deals with the fallout of the case of farmer Edouard Maurice.

The RCMP charged Maurice in February of last year after the Okotoks farmer said he saw two men rummaging through his vehicle and fired a gunshot. The bullet hit one of those men, Ryan Watson of Calgary.

The charges against Maurice were eventually dropped, while Watson pleaded guilty in February to one count of mischief and a charge of failing to abide by conditions of his probation. But then, Watson filed a civil lawsuit against Maurice, seeking $100,000 in damages, and sparking outrage.

The provincial justice minister has said “every rural Albertan can relate” to Maurice, and Premier Jason Kenney donated $100 to the farmer’s civil defence fund.

The legislative changes are also unfolding, however, in what some see as the shadow of neighbouring Saskatchewan’s Colten Boushie case, which became a flashpoint for racial tensions on the Prairies in 2016.

Littlechild said the passing of any legislation that has to do with public safety typically applies to First Nation reserves as well, under Section 88 of the Indian Act, but without seeing the wording of this particular legislation and the intent behind it, it’s unclear.

The Alberta government, for its part, isn’t saying whether the changes will apply to First Nations.

“We will work with Indigenous communities to determine the best way to move forward with Indigenous leaders and stakeholders,” Jonah Mozeson, a spokesperson for Justice Minister Doug Schweitzer, said in an emailed statement.

Mozeson said he understands Littlechild’s concerns, and noted the minister met with band councils of the four Maskwacis First Nations and with Blood Tribe police during his Rural Crime Tour, which stopped in more than 40 municipalities this fall.

Although private home ownership does not exist in the same way on First Nations as it does elsewhere in the province, Littlechild said many living on reserves share concerns about theft and police response times that the government has touted as reasons for toughening rural crime laws.

“Most reserves are isolated, they’re in remote areas and they’re rural. So are we going to be given the same kind of protection that’s being proposed, if safety is the concern?” Littlechild said, adding he wants to work with the government to find solutions for everyone.

“Otherwise, we’re left with the suspicion that we’re the offenders. It’s kind of like code talk, in a way, to not refer to us at all but go ahead and do this unilaterally.”

University of Regina Prof. James Daschuk said the Maurice situation and government response echoes the fatal shooting of Boushie in that it sparked the creation of new rural crime strategies.

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Boushie, a 22-year-old Indigenous man, was shot and killed by farmer Gerald Stanley for trespassing onto his land in 2016. Stanley was found not guilty of second-degree murder.

In the aftermath of the shooting, Saskatchewan’s government introduced a $5.9-million rural crime strategy including a Protection and Response Team, which gave additional policing powers to conservation officers and traffic peace officers.

Similarly, the Alberta government has announced new responsibilities for sheriffs and fish and wildlife officers — in some cases giving them the power to respond to 911 calls — under a new Rapid Alberta Provincial Integrated Defence Force strategy set to roll out next fall.

Daschuk, who studies Indigenous health, called Alberta’s rural crime announcements “kind of knee-jerk and kind of scary.”

He said Saskatchewan’s rural crime changes caused some residents to “dig in their heels,” leading to a proliferation of “No Trespassing” signs and the belief among some that they have the right to shoot people who come onto their property. A criminal lawyer told Star Edmonton last week that many Albertans share the same mistaken belief.

Daschuk said he believes Saskatchewan’s changes were racially motivated. Although the Maurice case did not have a racial overtone, he said he worries both provincial governments are playing to a rural base where attitudes are hardening, and said the situation hints at growing tensions between First Nations and other rural communities.

Meanwhile, Jason Leach says he’s more worried about people coming from cities and targeting rural properties. That’s because they know they often have more time to evade police in rural areas.

“From my understanding, from what the RCMP tell us, the criminals come from Red Deer or Calgary, kind of a bigger centres,” said Leach.

Leach is the president of the Olds-Didsbury-Sundre Rural Crime Watch group. He said property crime started to pick up five or six years ago and hasn’t slowed down, a sentiment shared by other rural crime watch and patrol groups. Common crimes include break-ins at shops and thefts of vehicles, fuel, tools and other equipment.

Many of the incidents are drug-related, Leach said, and he said he’d like to see more treatment options for people who are addicted, as well as treatment and skills training in prisons.

He said the government’s trespassing changes come as a relief for landowners acting in self-defence, but he said he does not think they will do much to deter crime.

“If you’re a criminal, I don’t think more laws are going to stop you from doing it,” he said.

“I want to protect myself and my family. For me, property is secondary. I’m not going to die over a pickup, and I’m not going to go out and shoot somebody over a pickup either.”

RCMP often have a small number of officers covering large, sparsely populated areas. It can sometimes take more than half an hour to respond to an emergency call, depending on its location.

While Alberta RCMP say third-quarter results for 2019 show an overall “steady decrease” in property-related crime in Alberta since 2017, Leach said he hears from a lot of rural residents that they’ve stopped reporting thefts of anything less than a vehicle or a firearm — though he urges them to always file police reports.

“A lot more people are trying to figure out what more they can do,” Leach said. “There’s getting to be more of a feeling that you’re kind of on your own if you’re out in the country.”

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