Trespassing Legal Information

Everything, Anything and Nothing

Trespassing Legal Information

Postby Chris22 » Fri Aug 20, 2021 10:45 am

Hey Everyone,

This might be somewhat of a contentious issue but I believe it is in everyone's right to know the law and how it applies to them. So here we go.

A little background. I am not FOR trespassing on private property, nor am I FOR breaking any laws.
I am also a big supporter of SCORRA and believe membership is an important part of our sport, so don't take this as a reason to not buy your trail pass please!

Nor am I a lawyer, this is just my experience as a rider in his mid 30's who has been in situations where knowing this information has helped me avoid a trespassing ticket.

Ontario Law is as follows: (Trespass to Property Act, R.S.O. 1990, c. T.21)

Trespass an offence
2 (1) Every person who is not acting under a right or authority conferred by law and who,

(a) without the express permission of the occupier, the proof of which rests on the defendant,

(i) enters on premises when entry is prohibited under this Act, or

(ii) engages in an activity on premises when the activity is prohibited under this Act; or

(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,

is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. T.21, s. 2 (1); 2016, c. 8, Sched. 6, s. 1.


The main bullet point is 2(b). "Every person who is not acting under a right or authority conferred by law and who does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier, is guilty of an offence and on conviction is liable to a fine of not more than $10,000"


Your rights as a Canadian are clear here. If you are told by someone that you are trespassing on private property (Either by the property owner, or authorized occupier, or police officer) then leave the premise immediately, you cannot be charged with trespassing. (Well you might still be charged, but you can fight it and win)

In my personal experience there are some conditions that override this clause;

1) If the property in question is fully fenced/gated and you have to break in or open a gate to enter the property. You are immediately trespassing.

2) If there are signs that state "Private property" that is technically not enough to consider the property "Secure" and thus an argument could be make that you entered the property from a direction where the sign was not visible. So just having a sign is not enough.

3) If someone flags you down or you see someone on the property and you ignore them to do not acknowledge them when they are acknowledging you. That is also trespassing. So just stop, turn off your bike, and say the following to whomever stops you "Sorry I was not aware that I was on private property, I did not cross through any fence lines, or gates. I will leave immediately". Say nothing else. If they want you to "Stay" to call the cops then stay, as they are giving you permission to be on private property at that point.

Mostly will just say "Okay" and then just turn around and leave ASAP.

Again not trying to break any laws, this is just my experience. It is also clearly just understanding the law as it pertains to trespassing, and nothing more.

Cheers,

Chris
Chris22
SCORRA Member
 
Posts: 5
Joined: Tue Mar 14, 2017 8:27 pm

Re: Trespassing Legal Information

Postby shielscc@rogers.com » Sun Nov 28, 2021 10:44 am

Not great advice here…there is so much more to this than simply reading something. It is about understanding what you are reading, knowing that you have “interpreted” it in your capacity and have no respect for the club, the members who work hard to build a “good” reputation or the land owners who have their property damaged by idiots that should be smarter, much smarter… It’s only money, if you can’t afford it don’t do it, respect yourself …
Ride safe, ride legal!
Alan

2017 EXC-F 350, 2020 Road Glide
shielscc@rogers.com
SCORRA Member
 
Posts: 19
Joined: Wed Jun 29, 2016 10:04 pm
Location: Richmond hill

Re: Trespassing Legal Information

Postby Chris22 » Sat Oct 01, 2022 11:11 pm

shielscc@rogers.com wrote:Not great advice here…there is so much more to this than simply reading something. It is about understanding what you are reading, knowing that you have “interpreted” it in your capacity and have no respect for the club, the members who work hard to build a “good” reputation or the land owners who have their property damaged by idiots that should be smarter, much smarter… It’s only money, if you can’t afford it don’t do it, respect yourself …
Ride safe, ride legal!


1. I never used the word advice, or gave any indications that I was trying to advise people on what to do.
2. Reading "something" is minimizing the fact that this is the Trespass to Property Act of Ontario, an important document regarding legal rights.
3. Just because someone wants to educate themselves, or make the information available for others to look into doesn't imply we are trying to break said law.
4. I agree it is about understanding what your reading. You, meaning yourself. Everyone is responsible for their own due diligence as adults.
5.I specifically mention that "I am also a big supporter of SCORRA" in my post, where do you get me having no respect for the club. I have been a member for 6+ years and always help out anyone who needs it, stop when asked, and am very friendly to any marshalls.
6. I have never been nor would be the idiot who damages private property. Nor trespasses on it.
7. I do respect myself....as well as others. Even when they have views that differ from my own.

No hate.

Cheers,

Chris
Chris22
SCORRA Member
 
Posts: 5
Joined: Tue Mar 14, 2017 8:27 pm

Re: Trespassing Legal Information

Postby shielscc@rogers.com » Fri Oct 21, 2022 9:25 am

Thanks Chris.
Alan

2017 EXC-F 350, 2020 Road Glide
shielscc@rogers.com
SCORRA Member
 
Posts: 19
Joined: Wed Jun 29, 2016 10:04 pm
Location: Richmond hill


Return to Soap Box

Who is online

Users browsing this forum: No registered users and 8 guests

cron