My father and I live on a large acreage with many trees. We…

Question

My father and I live on a large acreage with many trees. We rent a unit in the
old estate home. We decided to cut down one of the many pines deep in the woods
on the property for a Christmas tree. One of the neighbors whos family manages
the property called my father at work today and said if my dad doesn't make a
donation of $250, this neighbor will call the police and charge us with theft.
What is going on? Can we be charged with theft? Isn't this blackmail?

Copperlaw · Accepted Answer

Copperlaw : Hi there
Copperlaw : Just so I am clear, you live on this property, but rent and do not
own the land. Is this correct?
Copperlaw : Have the owners ever given permission to cut trees?
Copperlaw : If the case is that you only rent, and have no entitlement to remove
trees from the property, the yes, this could be considered theft or property
damage (mischief).
Copperlaw : The neighbor, if acting as agent of the owner, in managing the
property, would have the authority to act and speak on behalf of the owner of
the property and could report this to police.
Copperlaw : What he has asked would not be considered blackmail, which is known
legally as "extortion" under the Criminal Code.
Copperlaw : Extortion Involves a person who, without reasonable justification or
excuse, threatens anyone in order to have them do something
Copperlaw : The intention of this section is directed at punishing people trying
to intimidate others to do something that they have no lawful authority to ask
them to do.
Copperlaw : The threat, in this case, to report the matter to police, would not
be considered a threat for this purpose, as this individual is lawfully entitled
to report this anyhow
Copperlaw : And the term "reasonable justification or excuse" would be satisfied
since this person is only seeking compensation in some form for the loss of and
damage to property
Copperlaw : I don't know how large or mature the tree was, however you could
negotiate with them to arrive at a more reasonable "value" or you could offer to
make amends by planting a new tree or two, which I imagine would be cheaper than
the 250 they're asking for.
Copperlaw : So, to summarize, could this person report this and have you both
charged criminally, yes.
Copperlaw : And is what he's asking considered to be extortion? No, not in the
criminal sense.
Copperlaw : I would hope that through conversation with the neighbour, you could
resolve this
Copperlaw : Please let me know if you need anything further.
Copperlaw : I look forward to hearing from you
Customer:

I was looking up information on landlord, tenant agreements and I cannot find
anything that calls this theft. I have found information regarding removal of
trees that states if you don't have permission to remove the tree it can break a
lease and be considered "defacement" of property and be liable for the cost of
the tree. I see nothing that indicates this is criminal and am quite caught off
gaurd by your answer.

Copperlaw : You won't find anything on theft under the Residential Tenancies Act
as it is covered under the Criminal Code
Copperlaw : Section 334
Copperlaw : Committing a crimina,l offense on or in relation to rental property
can be cause for the landlord to terminate a lease agreement and seek eviction
Customer:

I still don't see how cutting down a tree in a forest on the property we live on
is criminal, but since you say it is so, what kind of trouble are we looking at?
I cross the border to the US often to visit my boyfriend and am looking to get a
visa to stay there and my father works at a nuclear reactor and must undergo
random background checks, is this a serious offense?

Copperlaw : You rent the home and have use of the property. This does not
entitle you, without explicit consent, to damage, remove or modify property
therein. Removing the tree would be no different in law then removing a play set
on the property. It is all owned by another person.
Copperlaw : Any criminal offense is serious and can cause difficulties with
admissibility into the US or for employment cheques.
Copperlaw : As such, it is highly recommended that you make amends and resolve
this situation to avoid this
Customer:

good god. 250 christmas tree, what is this world coming to? ok then.

Copperlaw : I know. As I said, it's excessive, that's why I suggested offering
to plant two new trees in it's place as this would not only be cheaper, but in
the long run would add an additional tree to the property
Copperlaw : Big thing is to avoid is the risk of a criminal investigation
Copperlaw : I would greatly appreciate a positive rating if you would be so
kind.
Copperlaw : Regards
Copperlaw : Jim

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