At Collett Read LLP, we understand that facing trespassing charges can be an overwhelming experience. In this blog post, we aim to provide you with insights into what you can expect when dealing with trespassing charges in Ontario. Our experienced criminal defense team is here to guide you through the legal process and protect your rights.

Understanding Trespassing in Ontario

Trespassing occurs when an individual enters or remains on a property without permission. Every province in Canada has trespass legislation, and in Ontario, the Trespass to Property Act governs such offences. This provincial legislation outlines the rights of property owners and the consequences for those found in violation.

In Ontario, if a person is found on private property – such as a garden, field, or fenced-in area – they are presumed to be trespassing. A person can also be found to be trespassing where they perform an unlawful activity on the land and refuse to leave the land when told to do so.

Trespassing charges can range from relatively minor infractions to more serious offenses, depending on the circumstances. Offenders may be fined up to several thousand dollars if found to be trespassing.

Crime of Trespassing

While the act of trespassing is mostly addressed under Ontario’s, Trespass to Property Act, the federal Criminal Code addresses the specific crime of trespassing at night. This legislation makes it illegal to loiter or prowl at night near the home of another person, with “night” being defined as between 9:00 pm to 6:00 am. “Loitering” means to wander about without having any precise destination, and “prowling” means to move about secretly and stealthily. The Crown does not have to prove that the individual was looking to carry out an unlawful purpose in order for that person to be convicted of trespassing at night.

The Arrest Process

If you find yourself facing trespassing charges, the legal process usually begins with an arrest. Whether you are caught in the act or identified later through an investigation, it’s essential to remain calm and cooperative during the arrest. The police will inform you of the charges and your rights, emphasizing the importance of seeking legal representation.

Bail Hearing

After the arrest, you may be required to attend a bail hearing. This is a crucial stage where a judge will decide whether you can be released from custody before your trial. Having a skilled criminal defense lawyer by your side is crucial during this process, as they can present compelling arguments in support of your release, addressing factors such as ties to the community and the seriousness of the charges.

Negotiating with the Crown

In some cases, negotiations with the Crown prosecutor may lead to a resolution before going to trial. Your criminal defense lawyer will explore possible outcomes, such as reduced charges or alternative dispositions, ensuring that your rights and interests are protected throughout the process.

Court Proceedings

If a resolution cannot be reached through negotiations, your case will proceed to trial. During the trial, the prosecution will present its evidence, and your defense team will have the opportunity to challenge it. A skilled criminal defense lawyer will work to demonstrate any weaknesses in the case against you and present a compelling defense.

Possible Outcomes

The outcome of your trespassing case will depend on various factors, including the strength of the evidence and the effectiveness of your defense. Possible outcomes may include dismissal of charges, a reduced sentence, or alternative sentencing options.

Facing trespassing charges can be a challenging experience, but you don’t have to navigate it alone. At Collett Read LLP, we are dedicated to providing effective and compassionate legal representation to individuals charged with criminal offenses in Ontario. If you’re facing trespassing charges, contact us at (905) 541-2228 or fill out a form for a free consultation. Our experienced criminal defense team is here to guide you through the legal process and work towards the best possible outcome for your case.