Trespassing Act
Canada established the Trespass Act to prevent any individual from entering a property that does not belong to them. The Trespass Act gives the property owner authority over his property and allows him to make the decision as to whom is allowed to enter. Persons who trespass may face legal consequences.
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Personal Property
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The Trespass Act states that any individual who enters unauthorized land or property can be found guilty of trespassing. According to this act, property that can be trespassed upon includes any building or structure on privately owned land, trailers or other portable structures used as a residence, motor vehicles, boats and bodies of water that cover privately owned land.
Giving or Posting Notice
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To post a "No Trespassing" sign on a fence surrounding privately owned land, Trespass Act guidelines must be followed. Trespass Act guidelines state that any sign posted must be positioned in an area so that it can be visible from the point of entry. If a sign contains writing or graphics, the writing must be legible and the graphics must clearly represent that the area does not allow trespassing.
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Arrest
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Any individual who is found trespassing and refuses to leave the premises can be arrested after a call from the property owner or a peace officer (another term for police officer used in Canada) upon finding the individual who is believed to be trespassing. Any arrest made by the peace officer must be reasonable and on probable grounds such as finding a person on privately owned land without proof of authorization.
Trespass Defenses
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An individual cannot be found guilty of trespassing if he has the consent of the land or property owner (oral consent is acceptable) or the person was acting on colour of right. Colour of right means that the individual did not realize that he was trespassing. For example, the individual may have been granted previous access to the land and the individual entered the premises on the assumption that he had continued authorization.
Legal Consequences of Trespass
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If an individual is found trespassing and leaves the property without causing any damage, no legal actions will be brought against him. Any person found guilty of trespassing and refusing to leave the premises when asked will most likel be ordered to pay restitution to the property owner for any damages or injuries that may have occurred. The amount of restitution will be determined in court and will be dependent upon the severity of damages but cannot be in excess of $1,000.
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References
- Photo Credit No Trespassing sign image by J Elkins from Fotolia.com
