Trespassing:

Trespassing and Property Offence Charges

Trespassing is one of several offences that fall within the broader category of property and theft offences in Ontario.  Depending on the allegations, related charges may include mischief, break and enter, theft, possession of property obtained by crime, fraud, and other property-related offences.

Each offence has its own legal definition, evidence requirements, possible penalties, and potential defences.  For a broader overview of related offences, visit the Property & Theft Offences page.

Important Things to Know About Trespassing Charges

• Trespassing may involve entering or remaining on property without lawful authority.
• The allegation may involve private property, business property, residential property, public property, or restricted areas.
• Trespassing may overlap with mischief, break and enter, theft, or failure to comply allegations.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• A conviction may result in a criminal record, probation, fines, no-contact terms, or non-attendance conditions.
• Possible defences may involve lawful authority, mistake, identity, lack of intent, unclear notice, or lack of proof.
• Release conditions and court orders must be followed carefully to avoid additional criminal charges.

What Is Trespassing?

Trespassing generally involves entering, remaining on, or returning to property without lawful authority or permission.  In some cases, trespassing allegations may be handled under provincial trespass legislation.  In other cases, the conduct may lead to Criminal Code charges depending on the facts.

Criminal trespassing-related allegations may arise where the Crown alleges that the accused person entered property for an unlawful purpose, interfered with property, refused to leave, breached conditions, or committed another offence while on the property.

The seriousness of the case depends on the location, the alleged conduct, whether property damage occurred, whether another offence is alleged, and whether any court conditions were in place.

Criminal Code Section

Trespassing is not always charged as a single stand-alone Criminal Code offence.  Depending on the facts, trespassing-related conduct may be connected to other Criminal Code allegations.

• Section 348 – break and enter
• Section 430 – mischief
• Section 334 – theft
• Section 145 – failure to comply with release conditions or court obligations

The exact charge depends on the allegations, the property involved, the accused person's conditions, and whether the Crown alleges another offence occurred.

What Must the Crown Prove?

In every criminal case involving trespassing-related allegations, the Crown prosecutor must prove every essential part of the charge beyond a reasonable doubt.

Depending on the facts, the Crown may need to prove:

• The identity of the accused person
• That the accused person entered, remained on, or returned to the property
• That the accused person did not have lawful authority or permission
• That the accused person knew or should have known they were not permitted to be there
• That the conduct meets the legal definition of the offence charged
• That no legal defence creates a reasonable doubt

If the Crown cannot prove every required element beyond a reasonable doubt, the accused person cannot be found guilty.

Common Trespassing Allegations

Trespassing-related allegations may arise from many different situations, including:

• Entering private property without permission
• Remaining on property after being asked to leave
• Returning to a business after being banned
• Entering a construction site, school, apartment building, store, or restricted area
• Disputes involving rental property, shared property, or former residences
• Neighbour disputes
• Domestic or relationship disputes involving property attendance
• Allegations involving damage or interference with property
• Allegations involving theft after entering property
• Alleged breaches of no-attendance or non-attendance conditions

The facts, location, notice given, permission, property ownership, witness statements, videos, and surrounding circumstances often become important issues.

Possible Penalties for Trespassing-Related Charges

The possible penalties depend on the charge, the facts of the case, whether another offence is alleged, the accused person's history, and the outcome reached in court.

• Criminal record
• Probation
• Fines
• Restitution orders
• No-contact conditions
• Non-attendance conditions
• Community service
• Travel restrictions
• Immigration consequences
• Employment and licensing consequences
• Imprisonment in some circumstances

Even where the allegation appears minor, a criminal charge connected to trespassing may have lasting consequences.

Trespassing, Property Damage, and Mischief

Trespassing allegations may overlap with mischief where the Crown alleges that property was damaged, interfered with, obstructed, or affected.

Examples may include damage to doors, windows, locks, fences, signs, vehicles, buildings, or other property.

If property damage is alleged, visit the Mischief / Vandalism page for more information.

Trespassing, Break and Enter, and Theft Allegations

Some trespassing-related allegations may become more serious if the Crown alleges unlawful entry into a place with intent to commit another offence, or if theft occurred after entering.

Break and enter allegations are generally treated more seriously than basic trespassing allegations because they involve entry connected to an alleged indictable offence.

If unlawful entry or theft is alleged, related charges may include Break and Enter, Theft Under $5,000, or Theft Over $5,000.

Related Property & Theft Offence Charges

Some trespassing allegations may overlap with other property and theft-related charges depending on the location, property involved, whether damage is alleged, whether entry is alleged, and whether another offence is alleged.

• Mischief / Vandalism – allegations involving property damage or interference with property
• Break and Enter – allegations involving unlawful entry into a place with intent to commit an offence
• Possession of Property Obtained by Crime – allegations involving property believed to be obtained through criminal activity
• Theft Under $5,000 – allegations involving property valued under $5,000
• Theft Over $5,000 – allegations involving property valued over $5,000
• Shoplifting – retail theft allegations involving merchandise from a store or business
• Failure to Comply – alleged breaches of release conditions, undertakings, or court orders

Additional information about related property offences can be found on the Property & Theft Offences page.

Possible Legal Defences to Trespassing

A defence to a trespassing-related charge depends on the facts, disclosure, property records, witness evidence, videos, notice issues, and legal issues involved.  Not every defence applies to every case.

Possible issues may include:

• The accused person did not enter or remain on the property
• The accused person was wrongly identified
• The accused person had permission to be on the property
• The accused person had lawful authority or lawful excuse
• The notice not to attend was unclear
• The accused person did not know they were prohibited from being there
• The allegation is mistaken, incomplete, or exaggerated
• The evidence does not prove the charge beyond a reasonable doubt
• Witness evidence is unreliable or inconsistent
• Police may have breached Charter rights
• There may be issues involving detention, arrest, search, seizure, or statements

The best defence strategy depends on the evidence, disclosure, circumstances, and the accused person's goals.

Court Process for Trespassing Charges

The court process can vary depending on the charge and the circumstances.  Many trespassing-related cases involve:

1. Police investigation or arrest
2. Charge being laid
3. Release from custody or bail process, where required
4. Release conditions or court conditions
5. First court appearance
6. Review of disclosure
7. Review of witness statements, videos, property records, or notice documents
8. Crown screening and resolution discussions
9. Trial preparation
10. Trial or negotiated resolution
11. Sentencing, if applicable

Understanding each step can help you avoid missed court dates, accidental breaches, and decisions made without knowing the full picture.

Trespassing Charges Should Be Taken Seriously

A trespassing-related criminal charge can affect more than the immediate court case.  It may affect a person's criminal record, employment, travel, immigration status, professional licensing, and future opportunities.

Reviewing disclosure, understanding the property-related allegations, and considering available legal options early can help a person make informed decisions throughout the court process.

Every trespassing case depends on the specific facts, property involved, permission issues, court conditions, and surrounding circumstances.

Related Criminal Law Charges

• Property & Theft Offences
• Mischief / Vandalism
• Break and Enter
• Possession of Property Obtained by Crime
• Theft Under $5,000
• Theft Over $5,000
• Shoplifting
• Failure to Comply

Frequently Asked Questions About Trespassing Charges

Is trespassing always a criminal offence?

No.  Some trespassing matters may be handled under provincial trespass legislation.  However, trespassing-related conduct may lead to Criminal Code charges depending on the facts.

Can I get a criminal record for trespassing?

If the allegation results in a Criminal Code conviction, a criminal record may result.  The outcome depends on the charge, evidence, resolution, and sentence imposed.

What if I thought I was allowed to be there?

Permission, mistake, lawful authority, and notice issues may be important.  The Crown must prove the required elements of the charge beyond a reasonable doubt.

Can trespassing become break and enter?

Yes.  If the Crown alleges unlawful entry into a place with intent to commit an indictable offence, or an offence committed after entry, the matter may become a break and enter allegation.

Can I be charged if I refused to leave?

Remaining on property after being clearly asked to leave may create legal issues, depending on the property, the circumstances, and whether another offence is alleged.

Can trespassing affect employment?

A criminal charge or conviction may affect employment, licensing, background checks, security clearance, or future opportunities depending on the circumstances.

Can trespassing affect immigration status?

For non-citizens, criminal charges and convictions may have immigration consequences and should be reviewed carefully.

What should I bring to a legal consultation?

Bring any police paperwork, court documents, release documents, disclosure, photographs, videos, messages, property records, notices, witness information, and records connected to the allegation.

Don't See Your Charge Listed?

The charges discussed on this website cover many common property and theft offence allegations in Ontario, but they do not cover every possible charge under the Criminal Code of Canada.

If you have been charged with an offence that is not listed, are facing multiple charges, have received a summons, appearance notice, undertaking, release order, probation order, or court date, contact Marketing.Legal™ for information about your situation.

Understanding your legal rights and options early can help you make informed decisions and avoid unnecessary complications.

Key Takeaways

• Trespassing-related allegations may involve entering, remaining on, or returning to property without lawful authority or permission.
• Not every trespassing matter is a Criminal Code charge, but some situations may lead to criminal allegations.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• Trespassing allegations may overlap with mischief, break and enter, theft, or failure to comply charges.
• A conviction may result in a criminal record, probation, fines, no-attendance conditions, or other penalties.
• Possible defences depend on permission, lawful authority, notice, identity, intent, and disclosure.
• Trespassing is part of a broader group of property and theft offences in Ontario.

Conclusion

Trespassing allegations in Ontario can involve entering or remaining on property without permission, returning to a place after being told not to attend, or being present on property in circumstances connected to another alleged offence.

Because trespassing-related charges can overlap with mischief, break and enter, theft, or failure to comply allegations, careful review of disclosure is important.  Property records, witness statements, videos, notices, release conditions, and the surrounding circumstances may all affect the case.

Understanding the allegation, reviewing the evidence, and assessing available defence options can help a person make informed decisions throughout the criminal court process.