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Server Time:
2024-05-04 01:23:55
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 bors
Location: Toronto
Gender: Male
 |  | Got a trespassing ticket
< on 7/22/2010 3:45 AM >
|  | | | Was exploring a drainage system on railway tracks in Toronto, when Go Transit security guards approached me. Asked me what I was doing there (walked), if I wanted to commit suicide (I was in a shitty mood but - no), if I had any spraypaint (no - showed the contents of my backpack), how I got there (through a park near Strachan ave). They gave me a ticket for 65 dollars and showed the way out.
There is a 20 meter stretch in that park, where there is no fencing. Should I contest the ticket in court, what do you think?
I`m not so much worried about the money, but how more difficult it would make to get away with a ticket next time.
And beware of the security guards, it seems they have nothing better to do but ticket people - paperwork or not.
[last edit 7/22/2010 3:46 AM by bors - edited 1 times]
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dccinformer
 
Location: Ottawa, Ontario
Gender: Male
| | Re: Got a trespassing ticket
<Reply # 1 on 7/22/2010 4:12 AM >
| | | | Arguably that _is_ part of their jobs.
I wouldn't want it on my record in case of getting questioned again and having the "you seem to make a habit of this" mentality set in.
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insanedArk
    
Location: GTA
Gender: Male
| | Re: Got a trespassing ticket
<Reply # 2 on 7/22/2010 4:53 AM >
| | | | Just a little fyi, they are not security guards, but "Special Constables" with the power to enforce provincial law and the Criminal Code.
Stay tuned for Exploring the World with Insane Dick! |
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M. Fuzzy
Location: GTA
Gender: Male
Machine Gun Bunnies!
| | Re: Got a trespassing ticket
<Reply # 3 on 7/22/2010 5:53 AM >
| | | | It's a pretty big and important rail corridor there around Strachan, all it takes is one person getting hit by a train to tie up the evening rush hour for Barrie, Milton and Georgetown trains as they have to stop trains to conduct a police investigation if someone gets hit. Lots of grumpy and angry commuters when their "train is delayed 50 minutes due to a police investigation".
And they're just doing their jobs. GO now owns that corridor and is the primary user. Sure they stop you, but they're also stopping the kids who think it's cool to play chicken with the train or throw rocks at it, the teenagers walking beside the tracks with their headphones blaring, and the adults walking their dogs on the tracks. Not to mention the copper thieves, drunks, suicidals, taggers, gangbangers etc. And those 60-80mph GO trains are quiet when they're approaching.
You might make a case that there was no fencing and you accidentally wandered onto the tracks, but they may assume most people would know better than to be wandering around on live railway tracks.
I hate preaching about the obvious dangers of train tracks, but I've seen quite a few close calls and all, so yeah.
Keep it fuzzy. |
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TRAINS
 
Foaming at the Mouth
Location: Canada
Gender: Male
Ask me about my coupling equipment!
| | Re: Got a trespassing ticket
<Reply # 4 on 7/22/2010 10:10 AM >
| | | | Posted by Mr. Fuzzy
You might make a case that there was no fencing and you accidentally wandered onto the tracks, but they may assume most people would know better than to be wandering around on live railway tracks.
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I highly doubt that you'd be taken seriously in court if 'lack of fencing' was your defence (get it, defence?!?!).
There's no fences along much of the 400 series highways as well, but obviously they are not the wisest corridors to wander on.
Baby like the way I wake her up, 'Cause I'm a gangsta, I grab her by the butt, Pull her to my side, I'm in deep, Woke that ass up just to put her to sleep |
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Sewer Urchin
 
Very poisonous, don't touch me.
| | Re: Got a trespassing ticket
<Reply # 6 on 7/22/2010 12:33 PM >
| | | | I'd pay the 65 dollars. You have a right to disobey and they have a right to issue consequences. If they were just security guards I'd say blow it off, but somebody pointed out that they are special constables with the right to issue legally binding tickets. (ALWAYS check your parking tickets, don't pay them if they were issued by security and not the police).
65 dollars seems pretty reasonable. Divide it by the number of places you haven't been caught and fined, and think of it as cumulative admission for everywhere you've been, it probably only comes to a couple bucks a site. (the public radio approach)
~Tom-Bob Boxtop |
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Man Underground
Location: Oz
Gender: Male
freedom of choice ~ choose well
| | Re: Got a trespassing ticket
<Reply # 7 on 7/22/2010 12:43 PM >
| | | | I would like to see pics of these tickets, front and back. Anyone?
..don't forget to bleep out your personals.
I know not what I do, but when I do it |
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yokes
Location: Toronto
Gender: Male
I aim to misbehave
| |  |  | Re: Got a trespassing ticket
<Reply # 8 on 7/22/2010 1:01 PM >
| | | | Cost of admission. I'd pay it and move on.
"Great architecture has only two natural enemies: water and stupid men." - Richard Nickel |
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Air
Location: Canada
| | Re: Got a trespassing ticket
<Reply # 9 on 7/22/2010 2:26 PM >
| | | | Pay it and move in.
Strangely though last night I saw cops driving up and down the set of tracks by bottom of the DVP. Never even seen CN rail police before and I hang out fairly often in yards.
"The extraordinary beauty of things that fail." - Heinrich von Kleist |
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TRAINS
Foaming at the Mouth
Location: Canada
Gender: Male
Ask me about my coupling equipment!
| | Re: Got a trespassing ticket
<Reply # 10 on 7/22/2010 2:29 PM >
| | | |
Your point? That link reinforces my point.
Baby like the way I wake her up, 'Cause I'm a gangsta, I grab her by the butt, Pull her to my side, I'm in deep, Woke that ass up just to put her to sleep |
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Sagetranq
Location: Caledon, Ontario
Gender: Male
Just passing through
| | Re: Got a trespassing ticket
<Reply # 11 on 7/22/2010 2:32 PM >
| | | | Posted by Sewer Urchin
I'd pay the 65 dollars. You have a right to disobey and they have a right to issue consequences. |
agreed, besides, I doubt the lack of fencing is really going to be grounds to fight it
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mortimer
Location: teronno
| | | Re: Got a trespassing ticket
<Reply # 12 on 7/22/2010 3:13 PM >
| | | | Posted by Air 33
Pay it and move in.
Strangely though last night I saw cops driving up and down the set of tracks by bottom of the DVP. Never even seen CN rail police before and I hang out fairly often in yards.
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The CN cops patrol the stretch through the Don pretty regularly. A few times a year they ticket mountain bikers walking over the tracks from the 'official' section to one of the the non-official sections of trail.
Posted by yokes
Cost of admission. |
" "
(what he said)
yep. |
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bors
Location: Toronto
Gender: Male
| | Re: Got a trespassing ticket
<Reply # 13 on 7/22/2010 6:25 PM >
| | | | As I`ve said before, I agree that 65 dollars is very little over the years of exploring, but I`m worried about the mark it would leave on my record.
| I wouldn't want it on my record in case of getting questioned again and having the "you seem to make a habit of this" mentality set in. |
Damn.. but it is, it is a habit of mine!
As for the fencing - the law requires it, I can imagine people walking there not knowing they are trespassing. But of course I knew, and I hate lying - I really don`t want to go to court.
Someone requested a photo of the ticket. I`m sorry didn`t have a good camera on me, but here it is:
http://img180.imag...0/5513/ticketr.jpg
I`ve also deleted the officer`s name, because he misspelled `trespass`. Imagine what a defence it would make in court: I`m not guilty because there is no Tresspass to Property Act, haha.
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KONG
Sus scrofa domestica
Location: Kingston, Ontario
Gender: Male
| | Re: Got a trespassing ticket
<Reply # 14 on 7/22/2010 7:06 PM >
| | | | Posted by bors
I`ve also deleted the officer`s name, because he misspelled `trespass`. Imagine what a defence it would make in court: I`m not guilty because there is no Tresspass to Property Act, haha.
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Why delete his name? Coward.. We were posting our Edgar tickets without censorship.
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TRAINS
Foaming at the Mouth
Location: Canada
Gender: Male
Ask me about my coupling equipment!
| | Re: Got a trespassing ticket
<Reply # 15 on 7/22/2010 7:27 PM >
| | | | Hahahaha, you're surprised you got busted for trespassing at the Bathurst Street Yard?
An no, fences are not required by law.
I'm just kind of shocked that you were walking along the busiest rail corridor in Canada and didn't realize you were trespassing, nor did you even seem to realize it was a dumb idea to be there.
According to the ticket, you were doing this at 2:16am... There isn't much rail traffic at this hour (aside from equipment deadheads or freights), but it makes you look more suspicious...
Baby like the way I wake her up, 'Cause I'm a gangsta, I grab her by the butt, Pull her to my side, I'm in deep, Woke that ass up just to put her to sleep |
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bors
Location: Toronto
Gender: Male
| | Re: Got a trespassing ticket
<Reply # 16 on 7/22/2010 8:00 PM >
| | | | Posted by TRAINS
Hahahaha, you're surprised you got busted for trespassing at the Bathurst Street Yard?
An no, fences are not required by law.
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To charge with trespassing - yes. How else would you interpret this:
Prohibition of entry
3. (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,
(a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
(b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).
I'm just kind of shocked that you were walking along the busiest rail corridor in Canada and didn't realize you were trespassing,
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What?! Where did I say that?
nor did you even seem to realize it was a dumb idea to be there.
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Because it was worth it.
According to the ticket, you were doing this at 2:16am... There isn't much rail traffic at this hour (aside from equipment deadheads or freights), but it makes you look more suspicious...
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Yes, the train traffic ceases there at around 1 a.m.
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yokes
Location: Toronto
Gender: Male
I aim to misbehave
| | | | Re: Got a trespassing ticket
<Reply # 17 on 7/22/2010 8:09 PM >
| | | | Posted by bors
To charge with trespassing - yes. How else would you interpret this:
Prohibition of entry
3. (1) Entry on premises may be prohibited by notice to that effect
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I'm sure if you look, you'll see a sign.
"Great architecture has only two natural enemies: water and stupid men." - Richard Nickel |
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TRAINS
Foaming at the Mouth
Location: Canada
Gender: Male
Ask me about my coupling equipment!
| | Re: Got a trespassing ticket
<Reply # 18 on 7/22/2010 8:09 PM >
| | | | I interpret it as intended: premises without signage which prohibits access are required to be enclosed (or must be a location mentioned in subsection (1-a)).
If you look hard enough, you'll find signs along the railway right of way which warns against trespassing. How easy these signs are to spot is usually irrelevant...
ANYWAY, no one has yet pointed out that trespassing tickets don't really go on any official 'record'. There's certainly some obscure paper trail that does connect your name with the charge, but it shouldn't have any impact on anything else.
You can bet that GO Transit has you on record though, so I wouldn't want to rub the GOstapo the wrong way again anytime soon.
Baby like the way I wake her up, 'Cause I'm a gangsta, I grab her by the butt, Pull her to my side, I'm in deep, Woke that ass up just to put her to sleep |
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Vic
Location: Toronto
Gender: Male
| | Re: Got a trespassing ticket
<Reply # 19 on 7/22/2010 8:57 PM >
| | | | The funny part about trespassing onto GO railway corridor property is that it can sometimes be easier to get in than out. Example:
There's nothing prohibiting me from walking off of the West Toronto Railpath into the Bloor GO station. I can walk down the platform and into the railway corridor without any signs telling me not to. Coming back, there are "No trespassing" signs that tell me not to enter the station platform again.
Might just be leftover from when GO owned the platform but didn't own that corridor yet.
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