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Not sure if this belongs here, but since it's province specific I figure it belongs. Disclaimer: I've just boiled down the facts on the trespass act for Alberta. Don't come blaming me if something isn't covered.
What is the Trespass Act?
Essentially it outlaws trespassing on premises in which a person
has had notice not to trespass. Notice can be given in the same
ways as the Petty Trespass Act such as oral or written warnings
by the owner or an authorized representative. Additionally, signs
should be visibly displayed at each of the entrances normally used
by persons to enter the premises and in the case of premises. A
trespasser is guilty of an offence whether or not damage was
caused. The maximum fine for a first offence is $2000, and any
subsequent offences are liable for a maximum fine of $5000.
All of the above also applies if the offense in committed by the means
of a motor vehicle as well
This offense is a strict liability offense, which means that the
Crown only needs to prove that the prohibited act did occur,
despite you not remembering or seeing the notice.
This act does not apply to Crown (government-owned) land
unless there is a disposition granted under the Public Lands Act.
It also does not apply to land that is Crown land that is the subject
of a lease from the Crown. This provincial act applies to every
person who without the permission of the owner or occupier of the
land or does not leave the land immediately after he or she is
directed to do so by the owner is guilty of an offense. It is a
defense to trespass if it can be proven that there was a legal right
or authority to be on the land. There is also a presumption that
access for lawful purposes to the door of a building on land by a
pathway apparently provided for the purpose of access is not a
trespass.
Entry on land can be prohibited with notice on land that is:
a. lawn, garden, or cultivated
b. surrounded by a fence, natural boundary, or combination
thereof
c. enclosed in such a manner as to indicate the owner or
occupier’s intention to keep persons off the land or to keep
animals on the land.
Notice may be given in one of the following forms:
a. orally
b. writing
c. posters or signboards that are visibly displayed (at all
places where normal access is obtained to the land as well
as on all fence corners, or in the absence of a fence, on
each corner of land)
Do trespass laws apply to public places?
Section 1 of the Petty Trespass Act states that the act does not
apply to government land such as public park. However, public
parks are governed by municipal bylaws. If a person is breaking a
bylaw (such as sleeping in the park, being in the park after hours,
drinking in the park) then the police have the right to give you
notice to leave the park or escort you out. If you are using the
public place for a detrimental purpose, you can receive a
trespassing ticket.
Can I be arrested for trespass? & Can I be detained by a civilian?
Yes. Under the Trespass to Premises Act, a trespasser may be
apprehended without a warrant by any peace officer or the owner
(or agent) of the premises. When a person who is not a peace officer apprehends a trespasser, that person must turn the trespasser over to a peace officer as soon as possible. The person who is detaining a trespasser must do so reasonable and cannot abuse the trespasser, but they are allowed to prevent them from escaping.
Can I be searched by a civilian?
The person who catches a trespasser is also allowed to
reasonable search the trespasser while they are being detained.
The reason that a trespasser is being searched must be related to
the reason that the trespasser is being detained or for safety.
What are my rights if I am detained or arrested?
You do not have to make a statement to security guards, store
personnel or the police. However, if you are escorted off the
property and are told not to return, you have received notice and
cannot return.
What are defenses to trespassing?
If you are given notice, it is not a defense that you do not
remember being given notice. The only defenses are the
following:
a. The trespasses acted under a fair and reasonable
supposition that the trespasser had a right to do the act
complained of (under the Trespass to Premises Act, s. 8)
b. There was no proper notice (notice must be given in
accordance with the Act)
c. Due diligence was taken to find notice (all reasonable
measures were taken to ensure that you were not
trespassing)
What if I thought I had a right to be on the property?
Under the Petty Trespass Act it is a defense if the accused
thought that they had a right or authority conferred by law to be on
the land. It is also a presumption that access for lawful purposes
to the door of a building on land by a pathway apparently provided
for that purpose is not a trespass.
Under the Trespass to Premises Act nothing in the act extends to
a case where the trespasser acted under a fair and reasonable
supposition that the trespasser had a right to do the act that
somebody complained about.
For further reading:
Trespass To Premises Act:
http://www.qp.albe...ments/Acts/T07.pdf
Petty Trespass Act.
http://www.qp.albe...ments/Acts/P11.pdf
[last edit 10/3/2015 12:09 PM by A6000 - edited 2 times]
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