Tresspassers

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Originally Posted by Woodsman

You do realize if you call the cops they will take your report but do absolutely nothing without involving the actual owner who would also have to appear in court for charges to stick.
Many owners don't want the hassle.

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This opinion is not accurate as the Trespass to Property Act does not make mention of the "actual owner" in its wording it defines "occupier" and what is mean by a occupier. Almost anybody with the permission of the owner can act as an agent for the property.
For instance officers in a police service can and do act as agents for all types of premises from the Rogers Centre to the Eatons Centre.

If the poster has been given authority over the premises then he can act for the owner and keep unwanted trespassers out.Proof that the property was posted private by signs,verbally is sufficient.

Now this is the small fine Trespass to Property Act. Police or CO,s can use the much more powerful and bigger fines in the Fish and Wildlife Conservation Act, which has a reverse onus on the trespasser to prove they had permission to enter said property.

If you had an experience with a Police officer who did not act because you were not the owner then he/she was not doing their job or simply did not know the law.There is a lot of the around these days.Personally I would always try for a CO first.Call the local district office,find out who run,s that beat,call them up with your concerns and very often you will get a direct C phone number from them.

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Originally Posted by Woodsman

You do realize if you call the cops they will take your report but do absolutely nothing without involving the actual owner who would also have to appear in court for charges to stick.
Many owners don't want the hassle.

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its not about laying charges its just to get them off posted private property. Having the OPP show up while they are there sends the message pretty clear. their car was parked right next to a no tresspassing sign either way.

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Originally Posted by Gilroy

This opinion is not accurate as the Trespass to Property Act does not make mention of the "actual owner" in its wording it defines "occupier" and what is mean by a occupier. Almost anybody with the permission of the owner can act as an agent for the property.

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An "occupier" is someone who lives there or rents the property. Owner may also be the occupier. As in some one who occupies the property and just not someone who has permission to hunt there.
As for being an agent for the owner yes this can be done but it will require proof in court that they are acting as a legal agent. This will involve the owner.
If the owner has the cops knocking on his door numerous times over complaints by someone he has given permission to hunt the property that permission may quickly disappear.
Before going that route I would ask the owners opinion before involving the police.

My uncle owns it so Im not worried about permission. I booted a guy from there last year after he threatened my brother and he hasnt been back.

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Originally Posted by Woodsman

An "occupier" is someone who lives there or rents the property. Owner may also be the occupier. As in some one who occupies the property and just not someone who has permission to hunt there.
As for being an agent for the owner yes this can be done but it will require proof in court that they are acting as a legal agent. This will involve the owner.
If the owner has the cops knocking on his door numerous times over complaints by someone he has given permission to hunt the property that permission may quickly disappear.
Before going that route I would ask the owners opinion before involving the police.

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For court purposes if you have been designated by the owners to act as their agents a simple letter is all the Justice of the Peace needs to see.For instance Toronto Police don,t have to require the owners of the Rogers Center to attend court if they have thrown out a person and gave a trespass ticket to them.I have dealt with this act for over 40 years and have been in court on scores of cases.

Trespass to Property Act

[COLOR=#505050]“occupier” includes,
[COLOR=#505050](a) a person who is in physical possession of premises, or
[COLOR=#505050](b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,
[COLOR=#505050]even if there is more than one occupier of the same premises; (“occupant”)

A hunter who has obtained permission fits into sub (b) very easily and a letter giving him agent status would all the court needs.

Remember the trespasser would have to give a defense or offer an excuse for being on the premises.If you dont have anything to hang your hat on your toast.

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Originally Posted by Gilroy

For court purposes if you have been designated by the owners to act as their agents a simple letter is all the Justice of the Peace needs to see.For instance Toronto Police don,t have to require the owners of the Rogers Center to attend court if they have thrown out a person and gave a trespass ticket to them.I have dealt with this act for over 40 years and have been in court on scores of cases.

Trespass to Property Act

[COLOR=#505050]“occupier” includes,
[COLOR=#505050](a) a person who is in physical possession of premises, or
[COLOR=#505050](b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,
[COLOR=#505050]even if there is more than one occupier of the same premises; (“occupant”)

A hunter who has obtained permission fits into sub (b) very easily and a letter giving him agent status would all the court needs.

Remember the trespasser would have to give a defense or offer an excuse for being on the premises.If you dont have anything to hang your hat on your toast.

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Correct answer ! Common for those who have actually dealt with the Act in court !

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Originally Posted by Gilroy

For court purposes if you have been designated by the owners to act as their agents a simple letter is all the Justice of the Peace needs to see.For instance Toronto Police don,t have to require the owners of the Rogers Center to attend court if they have thrown out a person and gave a trespass ticket to them.I have dealt with this act for over 40 years and have been in court on scores of cases.

Trespass to Property Act

[COLOR=#505050]“occupier” includes,
[COLOR=#505050](a) a person who is in physical possession of premises, or
[COLOR=#505050](b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,
[COLOR=#505050]even if there is more than one occupier of the same premises; (“occupant”)

A hunter who has obtained permission fits into sub (b) very easily and a letter giving him agent status would all the court needs.

Remember the trespasser would have to give a defense or offer an excuse for being on the premises.If you dont have anything to hang your hat on your toast.

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What is written in the act and what happens at the Rogers Centre may not be 100% reality north of the city.
I co-own several thousand acres and the OPP decided to start giving out tickets on our private road under the off road vehicle act.
We took it to court and won and the OPP appealed it and they won. We appealed and won in a higher court.
Fast forward, after we won in the higher court the OPP,s official stance was " you are only occupiers of the land therefore if you call about trespassers we won't be laying charges "
Toronto Police have a vested interest laying trespassing charges in the Rogers Centre .... Keep the pay duty flowing.
Good luck getting the OPP to lay a charge on your 100 acres on a long weekend in the summer.


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Originally Posted by stragglelake

What is written in the act and what happens at the Rogers Centre may not be 100% reality north of the city.
I co-own several thousand acres and the OPP decided to start giving out tickets on our private road under the off road vehicle act.
We took it to court and won and the OPP appealed it and they won. We appealed and won in a higher court.
Fast forward, after we won in the higher court the OPP,s official stance was " you are only occupiers of the land therefore if you call about trespassers we won't be laying charges "
Toronto Police have a vested interest laying trespassing charges in the Rogers Centre .... Keep the pay duty flowing.
Good luck getting the OPP to lay a charge on your 100 acres on a long weekend in the summer.


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Am I reading correctly that the OPP charged you for riding on your private road on your property? That IS f***ed up!

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Originally Posted by stragglelake

What is written in the act and what happens at the Rogers Centre may not be 100% reality north of the city.
I co-own several thousand acres and the OPP decided to start giving out tickets on our private road under the off road vehicle act.
We took it to court and won and the OPP appealed it and they won. We appealed and won in a higher court.
Fast forward, after we won in the higher court the OPP,s official stance was " you are only occupiers of the land therefore if you call about trespassers we won't be laying charges "
Toronto Police have a vested interest laying trespassing charges in the Rogers Centre .... Keep the pay duty flowing.
Good luck getting the OPP to lay a charge on your 100 acres on a long weekend in the summer.


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Well I think there might be a little more to your story than you are telling us,why would you get tickets on private land?
Why did the OPP make reference to Trespassers after the appeals?
Why did the OPP decide to start giving out tickets in the first place.

If you had read my previous offerings on here I did recommend a CO would be my first phone call not the OPP for the precise reason you mentioned.

Toronto Police do have a vested interest in the Rogers Centre and this is the Act they use.I used the same Trespass to Property Act for 16 years to help keep out of the Public Housing Projects undesirables who did not live there,drug dealers,robbers,....

I am well aware of what works in the countryside as I spend 8 mths of year up there and have for the past 10 years,I have also been in the area over 20 years while working during vacation times.

Your message seems kinds mixed up because first you complain about getting unwanted police attention and you end with telling me they will not attend,which way is up.

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Originally Posted by trimmer21

Am I reading correctly that the OPP charged you for riding on your private road on your property? That IS f***ed up!

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They did not charge me, but yes they charged other people with different offences. That is when we picked one ticket and ran it through 3 different courts to get the not guilty verdict we wanted.
$50,000 later !
They believed that because they could access the road that the off road vehicle act applied.
The road is 100% private and 100% maintained by us.


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