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NoSuchPerson
Stop, or I'll ask you again!
Total Likes: 4 likes
| | ![Send Private Message with Quote](forum/pmquote.gif) | Re: A Guide to Ontario's Trespassing Law < Reply # 65 on 9/9/2011 3:30 AM > | Reply with Quote
| | | I think you'll find (as you did in this case) that a lot of Security Guards aren't out to bust your balls, they're just trying to do their job. A lot of sites have a policy where all trespassers are to be arrested. Other sites say it is up to the guard to decide if an arrest is warranted or not. Intelligarde has a reputation for the "arrest first and ask questions later" attitude. It is their unofficial policy that they will give you ONE chance. That is, if you are asked for your ID and refuse, you'll get arrested. If you are asked to leave and you don't without delay, you'll get arrested. As I've said countless times before, attitude is everything. Remember that if you're trespassing and are caught, what happens to you is entirely at the guard's decision. Play nice and as long as you aren't doing anything criminal (IE, stealing), I bet more often than not, you'll be on your way without so much as a slap on the wrist.
| Unit calling radio say again? |
| NoSuchPerson
Stop, or I'll ask you again!
Total Likes: 4 likes
| | ![Send Private Message with Quote](forum/pmquote.gif) | Re: A Guide to Ontario's Trespassing Law < Reply # 67 on 9/12/2011 3:57 AM > | Reply with Quote
| | | There's nothing in any law that says what you can and cannot search. It is a common law* right for an arresting person to search you for weapons and means of escape. Generally speaking, it would be pretty hard to articulate searching someone's bag if they're in handcuffs - even if it did contain means of escape and/or weapons, how are they going to get at them/use them? Most places have the policy that you only search their person. That said, if a security guard arrests you, while he/she might not search your belongings, you can bet the Police will - and are allowed to. As for the Charter section for "unreasonable search", searching someone as a result of an arrest has been challenged countless times against this Charter section. Each time, it is ruled as being a reasonable search to protect the safety of the arresting individual. *Common law, meaning there is no law requiring it nor is there a law prohibiting it. It has been legally "tested" and hasn't been ruled as illegal therefore, common law. Just the same as the right to carry handcuffs. There's nothing in any law which restricts or requires their use.
[last edit 9/12/2011 3:59 AM by NoSuchPerson - edited 1 times]
| Unit calling radio say again? |
| Beleriphon
Total Likes: 0 likes
| | ![Send Private Message with Quote](forum/pmquote.gif) | Re: A Guide to Ontario's Trespassing Law < Reply # 72 on 6/1/2012 7:16 PM > | Reply with Quote
| | | Posted by Jack Strathmore If it were to happen and it was only a $65.00 fine.....no biggie!
| Well, there's a few things you need to worry about. The first one is that depending on the situation you could be detained on the basis that you wont show up for a possible court date. This is not up to the arresting officer (or the cop picking you up), its up to the officer in charge. This usually means the desk sergeant at the station. In most areas of Ontario you're looking at the OPP being the arresting officers. If for any reason that you aren't just given the ticket, and instead actually arrested, the officer in charge could require you promise to show up in court, or to pay up to a $500 surety to guarantee your court appearance. Functionally this is like bail, but its paid directly at the police station and there is a hard upper limit. As a foreign national I can almost guarantee you'll get the $500 if that is deemed a requirement. All that said, you're almost never going to encounter that situation, but it is something to be aware of. As noted Trespass to Property Act is a Provincial Offense, it is not a Crime. There shouldn't be problems entering the country again later, as long as you only get hit with a TPA fine. Getting a B&E charge or trespass at night is more serious. B&E can result in a life sentence, that is until you drop
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