To clarify, I did not mean to imply that it is automatically a criminal offence if you are caught at night, but depending on the situation, it could end up as one.
Some quick googles found this:
http://en.wikibook...espassing_at_Night http://ambientligh...law/criminal-code/ http://laws-lois.j...6/section-177.html So it is defined as "prowling", implying more aggressive intent, but its vague enough that going around with a camera could qualify.
This is also in the UER how-to:
http://www.uer.ca/...d=3&threadid=66590 ______
7) Is trespassing a criminal offence? Will I have a criminal record?
No. Trespassing falls under the Provincial Offences Act, which means that it falls under provincial legislation. There is no criminal record involved. It is quite similar to receiving a speeding ticket except in that case it would be a Highway Traffic Act offence.
You should know however that it could be a crime if you trespass by night (9pm-6am):
Section 177 of the Criminal Code of Canada states that:
177. Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction. [R.S., c.C-34, s.173.]
Translation: If you have an excuse, the burden of which can be proven, such as your missing dog running out from the bushes, you are likely to be let go. If you are caught in the bushes of an occupied house without a legitimate reason, you are in serious trouble.
Note that this must occur at night, not the daytime.
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