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Your Dream Cabin?
by Jim Easterday

Wouldn't it be nice to have your own wilderness cabin tucked away in the bush? A warm wood stove, a sink and a water bucket are all you really need to be comfortable, right?

Many people dream about a cabin and a few people build them. We're not talking about legal cabins on recreation leases, we're talking about illegal cabins that are built on Crown land without permits or permission. We're also talking about hunting camps with rustic tent frames and tables left from year to year along the side of logging roads across our region.

You might ask "What is the problem? One little cabin or camp tucked away in the forest isn't hurting anyone".

An illegal cabin on a local lake serviced by illegal ATV trail across wetlands
Click to zoom

Illegal cabins and camps create three big problems. Implied ownership, access and litter.

When you stumble on a cabin in the bush where you don't expect it, your first reaction is... this is someone's home or property. It's a natural reaction and your first impulse is to back away and leave the area. A cabin implies that someone owns it. But in the case of an illegal cabin on Crown land, there is no right of ownership. All the building materials hauled to the site are in trespass and the builder has no right to maintain or occupy the building or camp.

The length of time spent using the cabin doesn't give the builder any rights. Each time that the builder, or anyone else, occupies or maintains the cabin is an offense.

Illegal cabin built on illegal ATV trail on Sinclair Mountain by persons unknown

Section 54 of the Forest and Range Practices Act:

"A person must obtain the consent of the minister before constructing or occupying a buiding or other structure on Crown Land in a Provincial Forest unless the construction or occupation is authorized under another enactment."

Section 57, Forest and Range Practices Act:

...a person must not (construct, rehabilitate or maintain) a trail or recreation facility on Crown Land.

So don't feel awkward around an illegal cabin. The builder has no exclusive right to use the cabin and you should not feel that the builder has any right to keep you away.

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