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UER Forum > Canada: Ontario > A Guide to Ontario's Trespassing Law (Viewed 135894 times)
Dave Summer 


Location: Ontario
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Re: A Guide to Ontario's Trespassing Law
< Reply # 60 on 9/7/2011 2:19 PM >
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I once had a security guard at a hospital confront me. He went on to say that I could not take pictures of this building and that he would have to erase my photos. It's my understanding that only a police officer can take your equipment as evidence in some specific situations. I don't think a security guard can touch your property or her/she can be charged with mischief. Comments?

http://ambientligh...e-and-my-property/




yokes 


Location: Toronto
Gender: Male
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I aim to misbehave

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Re: A Guide to Ontario's Trespassing Law
< Reply # 61 on 9/7/2011 3:07 PM >
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Posted by L'Ali

From a image copyright standpoint in Canada, which is part of my day job, the person who owns the camera/film/negative/plate owns copyright to the image, regardless if someone else used your camera to take the photo.


So basically, never rent photo gear to do a paid shoot?




"Great architecture has only two natural enemies: water and stupid men." - Richard Nickel
NoSuchPerson 

Stop, or I'll ask you again!


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Re: A Guide to Ontario's Trespassing Law
< Reply # 62 on 9/8/2011 7:50 AM >
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You're absolutely correct - your equipment is your equipment. However, a security guard (upon arresting you) DOES have the right to search your person, but that is as far as it goes.

Once taken, your pictures belong to you. Nobody can order you to delete them. That said, more often than not, being cooperative and deleting them could result in you getting off with just a warning instead of more.

IE, erase them and you're free...or don't erase them, get arrested and have the Police give you a trespass charge - AND seize your camera.



[last edit 9/8/2011 7:51 AM by NoSuchPerson - edited 1 times]

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NoSuchPerson 

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Re: A Guide to Ontario's Trespassing Law
< Reply # 63 on 9/8/2011 7:52 AM >
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I would also caution people in taking advise from these "The Law and Me" sort of websites. A bunch of people tried that during G20, and they got their asses kicked.

Although, to be fair that site linked above is pretty factful and is one of the best I've ever seen. The only exception is that Police and Security DO have the right to search you incident to arrest (IE, if you're arrested, you're going to be searched).



[last edit 9/8/2011 7:57 AM by NoSuchPerson - edited 1 times]

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Dave Summer 


Location: Ontario
Total Likes: 63 likes




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Re: A Guide to Ontario's Trespassing Law
< Reply # 64 on 9/8/2011 2:34 PM >
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I was lucky in this case and was able to walk away with my photos by not being a dick. I explained to the security guard what I was doing and why. He thought about it for a while and let me go. After all, we are trying to photograph old buildings before they are trashed or demolished. Dave




NoSuchPerson 

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Re: A Guide to Ontario's Trespassing Law
< Reply # 65 on 9/9/2011 3:30 AM >
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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.




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Ricecracker 


Location: Toronto
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Re: A Guide to Ontario's Trespassing Law
< Reply # 66 on 9/10/2011 5:52 PM >
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Can security guards search your bags, or only your person?




NoSuchPerson 

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Re: A Guide to Ontario's Trespassing Law
< Reply # 67 on 9/12/2011 3:57 AM >
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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]

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Jack Strathmore 


Location: Adrian, MI
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Re: A Guide to Ontario's Trespassing Law
< Reply # 68 on 4/25/2012 2:49 PM >
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Since I am a US citizen and going to make a trip to Canada to do a little "site seeing" does anyone know what the consequences would be if I were to get busted? Not that it will happen but, just in case.

Didn't see it already covered in this thread so forgive me if I overlooked it.




Jack Strathmore
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Spiritwalker 


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What is the difference between exploring and being lost?"

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Re: A Guide to Ontario's Trespassing Law
< Reply # 69 on 4/25/2012 4:22 PM >
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Posted by Jack Strathmore
Since I am a US citizen and going to make a trip to Canada to do a little "site seeing" does anyone know what the consequences would be if I were to get busted? Not that it will happen but, just in case.

Didn't see it already covered in this thread so forgive me if I overlooked it.

Once you cross over to Canadian soil,our rules and laws apply,make sure you carry your passport with you at all times




“Develop a built-in bullshit detector.”Ernest Hemingway
NoSuchPerson 

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Re: A Guide to Ontario's Trespassing Law
< Reply # 70 on 4/26/2012 4:20 AM >
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And keep in mind that if you are in Canada and get charged with anything, according to the letter of the law, you can be deemed inadmissible to the country. There's no chance that is going to happen for trespassing, so you should be okay.

Besides, worst case scenario for trespass is $65. Not really a big deal.




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Jack Strathmore 


Location: Adrian, MI
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Good friends bail you out of jail....true friends will be with you saying, "Damn, that was fun!

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Re: A Guide to Ontario's Trespassing Law
< Reply # 71 on 4/26/2012 12:57 PM >
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If it were to happen and it was only a $65.00 fine.....no biggie!




Jack Strathmore
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Beleriphon 


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Re: A Guide to Ontario's Trespassing Law
< Reply # 72 on 6/1/2012 7:16 PM >
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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




Muhammad Sumair 


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Re: A Guide to Ontario's Trespassing Law
< Reply # 73 on 12/9/2012 9:32 PM >
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Hi am new to these forums and want to know the trespassing laws in mall. I entered a mall and got in argument with a respresentative on booth. The representtive asked tome leave there booth but I didnt leave. I will still not inside the booth. I was arguing with them while I was outside the booth. The Police came in ang game me tresspassing ticket. Would that be considered tresspassing? I want to go to court and fight for the ticket.

cheers

Sumair




EVmAN 


Location: Mississauga, ON
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and I-- I took the path less traveled by, And that has made all the difference.

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Re: A Guide to Ontario's Trespassing Law
< Reply # 74 on 1/2/2013 2:08 AM >
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Posted by Muhammad Sumair
Hi am new to these forums and want to know the trespassing laws in mall. I entered a mall and got in argument with a respresentative on booth. The representtive asked tome leave there booth but I didnt leave. I will still not inside the booth. I was arguing with them while I was outside the booth. The Police came in ang game me tresspassing ticket. Would that be considered tresspassing? I want to go to court and fight for the ticket.

cheers

Sumair


Sumair, not sure what any of this has to do with UE, but shopping malls are private property, if security doesn't like what you're doing in a mall and you refuse to stop, you are trespassing because they don't want you in there doing that.




The sign said "Anybody caught trespassin will be shot on sight"
So I jumped on the fence and I yelled at the house,
"Hey! What gives you the right?" http://www.flickr.com/photos/evman/
shadfly 


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Re: A Guide to Ontario's Trespassing Law
< Reply # 75 on 4/18/2013 4:38 PM >
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Just a note that since last year in Canada, the photog owns copyright to image whether commissioned or not and I would challenge that previous statement as copyright did not go with the gear, but rather the person who presses shutter, hence had to be careful had assistant to assign copyright if it was a shot you had set up but they pressed button... It was possible to own an image and copyright with it though even if not the photog obviously and maybe that was what the poster meant and i misunderstood?

http://petapixel.c...l-of-their-photos/




BoredInT.O. 


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Re: A Guide to Ontario's Trespassing Law
< Reply # 76 on 5/2/2013 4:15 AM >
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This is a little scary to read. I'm having second thoughts about UE.




jerm IX 


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If you can't find something nice to say...say it on UER.

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Re: A Guide to Ontario's Trespassing Law
< Reply # 77 on 5/2/2013 4:17 AM >
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Posted by BoredInT.O.
This is a little scary to read. I'm having second thoughts about UE.


Hahaha. Don't take it too serious. Just have fun out there.



[last edit 5/2/2013 4:56 AM by jerm IX - edited 1 times]

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Air_Rick 


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Let's Explore!

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Re: A Guide to Ontario's Trespassing Law
< Reply # 78 on 7/4/2013 6:21 PM >
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Thanks for the information




Sheridan 


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Re: A Guide to Ontario's Trespassing Law
< Reply # 79 on 2/2/2019 2:35 PM >
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Thank you for this very well-written, informative, and helpful post. It's essential information for everyone to have, and seeing it clearly presented here, with all the useful additions from other members, provides a valuable resource to reference.




UER Forum > Canada: Ontario > A Guide to Ontario's Trespassing Law (Viewed 135894 times)
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