An initiative by the Yorkton Rural RCMP to crack down on bush parties is now turning its attention to the property owners who allow the parties to happen.
This summer, local officers have been making a special effort to break up the remote rural parties that have gained a reputation for heavy drinking, drug use, and violence.
"It's been going pretty good," says Cst. Jillian Boutilier, who is spearheading the initiative. "It's getting to the point now where I can go to a party and typically I'll know a lot of the youth there because I've seen them so many times. Some of them know me by name, even."
But there is another group that has not been hearing Boutilier's message.
"We wondered if there should be consequences for these landowners who are allowing it on their property," she says. "I started doing some research and talking to a few different parties-the [Liquor] & Gaming Authority, and some different lawyers-regarding case law."
The constable found a history of Canadian cases in which property owners-legally termed "occupiers"-were found civilly liable for events that occurred at parties on their property. Settlements in some cases reached the high six figures.
Starting this week, Boutilier will be sending a letter outlining potential legal consequences to property owners with a history of tolerating parties on their property. The RCMP will also be investigating the possibility of criminal charges for cases of extreme negligence.
The short version of the message is that individuals who allow wild, unsupervised parties on their property are placing themselves at risk.
"I'm hoping that these land owners will see that, and see that this could become a bigger issue in the future," says Boutilier.
The text of the letter appears below.
TO WHOM IT MAY CONCERN:It has been brought to the attention of the Yorkton Rural RCMP Detachment that your property has been utilized in the past for functions commonly known as "bush" parties held by youth. This letter is being delivered as this year's upcoming bush party season is upon us and we would like to provide education regarding the liability issues surrounding the use of your property to hold such functions. As property owners, you may be deemed as an "occupier," which is defined as anyone who has control over property with the power to admit or exclude others.
The following information was provided by a Mothers Against Drunk Driving (MADD) document titled "What Every Parent Needs to Know About Avoiding Alcohol Liability."
Occupiers may also have some responsibility for simply allowing events to be held on their property that have, in the past, been associated with violent, dangerous or irresponsible conduct. Indeed, this reasoning may have prompted a $700,000 settlement in Munier v. Fulton, a case that arose from a "bush party" hosted by the defendant's son on the defendant's farm. Bush parties commonly involve underage drinking, severe intoxication, assaults, illicit drug use, and impaired driving. The plaintiff in this case was left a quadriplegic following a fight that he had initiated at the event while intoxicated. Apparently, previous bush parties on the farm had also resulted in numerous problems. No formal invitations had been issued to the 300 youths who attended, nor did the defendant or his son provide any alcohol. The plaintiff sued the defendant as an occupier for merely allowing an event to be held on his property that he knew or ought to have known posed foreseeable risks of injury to those attending.
The number and kinds of alcohol-related civil claims have increased dramatically in Canada during the last 30 years. As a parent, you are not immune to these claims. Nevertheless, with some planning, common sense and basic precautions, you can dramatically reduce your exposure to liability. More importantly, these same measures will go a long way to protect your children and their friends from the substantial toll of alcohol-related injuries and deaths among youth.
I have spoken with the Compliance Branch of the Alcohol and Gaming Authority in Regina and they are in full support of our initiative and advised that once it is determined who is providing the beverage alcohol to youths, they will also be charged under the Alcohol and Gaming Regulation Act.
Under the Alcohol and Gaming Regulation Act, a "public place" has a definition of:(a) A place or building to which the public has or is permitted to have access;(d) Any unoccupied land or building;(f) A conveyance or a vehicle while it is at, in or on any place, building, thoroughfare or land that by virtue of this definition is a public place.
While vehicles are traveling to and from a bush party, they are considered to be a public place; therefore anyone who is intoxicated may be arrested under Section 126 of the Alcohol and Gaming Regulation Act for being intoxicated in a public place. Anyone arrested under this section will be subject to a fine and may be transported and lodged in cells until a responsible adult can attend to take responsibility, at which time the person may be released.
We ask that you take this into consideration when attending a bush party or allowing the use of your property for such a function.
Regards,JA BOUTILIER, Cst.WGE MARION, Sgt.
