Forgive Us Our Trespasses

On the hierarchy of gaining an UrbEx location entry, it is far more advantageous to obtain an owner's permission or use social engineering to get those really sweet snapshots, but as is usual in the case of abandonments, it is a herculean task even to determine who the hell the property owner is.

Individuals who trespass on private property without the express permission of the owner in Ontario, are guilty of an offence under the Trespass to Property Act (TPA). Sanctions are somwhat more onerous in Ontario than other Canadian Provinces.

Typically, as your first offence (no previous run-ins with the Johnny Law) is $75. Legally, however the courts may set the first offence fine of up to $2000. In addition to this, an aggrieved person (the property owner now with crushed chrysantiums you bumbling a$$hat) may seek restituion for an amount up to $1000. The Justice of the Peace (or sometimes Judge) working at Ontario Court of Justice where you drag your a$$ will use a devious menu, call Schedules to set common fines.

Schedule 85 which is used for the Trespass to Property Act sets a fine of $50 for all eligible fines under this act such as;

1. Enter premises when entry prohibited,
2. Engage in prohibited activity on premises, or

3. Fail to leave premises when directed set fine.

In addition to this the court has a regular additional surcharge (think stupid tax) in addition to the fine above for $25.

To get your fine trailer protected under this fancy law, you simply are required to give 'notice' (y'awl better not c'mon in here) by placing a clearly visible sign indicating a prohibition against entry at the ordinary point of access to the premises. Alternatively, you can place a 10-cm diameter red mark on a post to accomplish the same (paint gun otta do it).

If you find your bad-a$$ self out rural exploring, beware that the snaggle-tooth moonshiners do not necessarily require l property owners will post "NO TRESPASSING" signs to warn people not to enter, a sign is not always needed as discussed just previously. No notice is required for bacially any agricultural or livestock field. This also applies to lawns, orchards, vineyards under cultivation (not that cultivation mr. blunt).

Here is how you get tagged. A police officer or occupier of the premises may arrest a person without warrant for trespassing while on the property. The police can also arrest a suspected person (hold the warrant) who has made "fresh departure" from the premises. Note that the owner (or security guard representing the interests of the owner has no rights to attempt an arrest for a TPA offence that had occurred some time. Also one more thing - You better not get picked up with anything that could be used as a 'weapon' (mag-lite) or to 'facilitate entry' (Sawzall reciprocating power tool).

Under the Canadian Charter of Rights and Freedoms, you do have the right to remain silent (so as not to bear witness against oneself), the right to seek legal counsel, etc. You also have the right not to cooperate with an investigation and not to volunteer information that can be used against you. Playing this like a dick will result in a longer holding period and nobody likes longer periods. During this uncomfortable time, the fuzz would need to detain you until their investigation uncovered enough identifying evidence. Since the onus of proof (beyond a reasonable doubt) of identify lies with the Crown (and the police acting as their agent), you not legally required to produce any particular form of identification.

If chose not to cooperate, then any form of identification that Her
Majesty's Minion's provide would need to be independently verified by the police anyway since part of their preliminary investigation would have to look at the possibility of a prior criminal record.

At your court date.

A reverse onus provision is provided in the Ontario TPA. In our provincial dystopia, you are presumed to be trespassing if you are found on the premises. It is noteworthy that trespass is not presumed on privately owned natural areas if it has not been posted.

Caution - Visual and Hearing Impaired Guards fast asleep.

Anywho, there unfortunately are only two holes out of this stinky sack in 'acquittal land'.

1. There was a fair or reasonable supposition that you had right to be on land, and
2. There was omplied permission to approach a door of a building (unless this too was 'posted').

Something else to note if you are exploring between the times of 9 PM to 6 AM - just do not do it near an occupied house. If caught prowling (traverse stealthily in the sense of furtively, secretly, clandestinely, or moving my imperceptible degrees), you will be officially labeled a pervert. This is called 'prowl by night. The Crown Prosecution will need not prove you were seeking an opportunity to carry out an aunlawful prupose.

For the riveting full text point yer browser and set sail toward - www.e-laws.gov.on.ca
If you need more information on the Trespass to Property Act, contact your local police authority or the Ministry of the Attorney General for Ontario. Anything posted here is pure postulation and is not be construed to be legal advice.

No comments: