Posted by phrenzee Interesting. I wasn't aware of #12. |
Posted by N1Hawk Great work on this info! Thanks for letting us know the Trespassing laws in Ontario! |
Posted by argonian You certainly are a provider of information. You should run the rookie forum. You are fighting an excellent fight against repeat questions. |
Posted by HI-LITE Does posting images on-line, in the eyes of the law constitute that you were a) at that location? b) the one one taking the photos? Can you argue that merely posting pictures is no crime, b/c there's no proof that you were taking them? or will they then just book you for copyright infringement. |
Posted by yokes Another piece of advice is to strip out the EXIF data from your photos, so the take taken won't appear on places like Flickr. |
Posted by Intrinsic A Guide to Ontario’s Trespassing Law - Version 1.0 Table of Contents Introduction The Law 7) Is trespassing a criminal offence? Will I have a criminal record? Disclaimer: This text file article is not intended to be legal advice nor is it intended to be interpreted as legal advice. The creator of this article accepts no responsibility for any criminal or civil damages that may arise out of use of the information contained in this article. The creator of this article makes no guarantee to the accuracy, legality, relevance, timeliness, or completeness of information contained herein. This article is for informational purposes only. 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. |
Trespassing at night 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. |
PART V SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT |
Posted by exkalibur *fantastic* guide, very factual and very accurate. |
Posted by exkalibur *fantastic* guide, very factual and very accurate. The only thing I would add are a few Criminal Code sections which apply to trespassing. First is section 41. 41.1: Everyone who is in peaceful posession of a dwelling-house or real property, and everyone lawfully assisting or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary. This means that an owner/occupier can use force to remove you, even if he/she chooses not to arrest you. |
41.2: A trespasser who resists an attempt by a person who is in peaceful posession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent entry or to remove him, shall be deemed to commit an assault without justification or provocation. So...if you're told you are under arrest, and you resist...not only can you get done for resisting arrest, you are, by colour of law, commiting assault. |
In english... Force can be used to remove you. If you resist, you're commiting assault, and force can be used to prevent, stop and defend against it. In other words, if you ARE placed under arrest, or told to GTFO - don't be a dummy. Co-operate. |
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