So, Caryma showed up at a political event held on private property. She was asked to leave.
She got arrested.
According to the CBC, Caryma says, “No one has articulated why … I’m not allowed into this event, I have an RSVP,”
He Sa’d – go look up the Trespass to Property Act, R.S.O. 1990.
Look, you can RSVP to a wedding, be asked to leave, and if you refuse, be arrested for trespassing. And no, no one has to give you a reason for it. You’re a pretty shitty lawyer if you don’t realize this.
Sadly, it’s just a Provincial Offense. Should be criminal, actually. You won’t go to jail, and if you don’t bother to pay the fine, its likely you’ll have no other consequences.
If someone asks you to leave private property, you leave. No matter what type of event is going on there. You were asked to leave, and you refused. You’re trespassing. Got it?
Please check out Section 2(b) of the Act:
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.
Ms Sa’d, do you understand the concept of “reverse onus?” Did they teach that at your law school? It’s rare in Canadian law – but to defend the rights of occupiers of property, this is one of those rare cases where the onus is on YOU to to PROVE you have an actual “right” to be on the property. It’s not up to the occupier to “articulate” reasons for asking you to leave. An RSVP isn’t proof of a right to be on the property when the occupiers have asked you to leave.
What The Act Does NOT Say:
The Trespass To Property Act says nothing about giving a reason for directing (asking, requesting) you to leave. Nadda. As soon as you refused to leave, after the first time you were asked to leave, you broke the law, Caryma.
The way it is written protects your property, Caryma. You might invite someone to your property, then you get a “bad feeling” about them, ask them to leave, and if they refuse, they are now trespassing on your property and they can be arrested. You don’t have to tell them, “Hey look, I have a bad feeling about you” and end up in a debate with the person. Just tell them to leave.
If they refuse, they can be charged and or arrested and physically removed from your property – whether it’s an apartment you rent, a house you own, a law office you manage, or a restaurant you are in charge of.
Might be a good idea to quit your whining, Caryma S’Ad. It’s disgraceful of you that you don’t know this basic law, and the premises behind it, and that has been in Ontario since 1990, and previously. The idea of trespassing also goes back hundreds of years. It’s pretty simple – if the person or an agent designated by the person in control does not want you there, and tells you to leave, you leave. You don’t get to say, “Well, I have an RSVP. I was invited. I want a reason. I am not leaving.”
No. You leave.
And the great thing, Caryma? It works for you too! At any place you are considered the “occupier” of (See Section 1 of the Act).