Canadian Criminal Law/Offences/Trespassing at Night

Legislation Trespassing at night 177. Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction. R.S., c. C-34, s. 173. CCC Proof of the Offence In addition to the essential elements of time, jurisdiction and identity, the crown should prove: the accused loitered or prowled it was night at the time the accused was on private property at the time a private dwelling-house is situated on that property there was no lawful excuse for the conduct Application "loitering" is purposeless wandering about the area. It includes standing idly around, hanging around, lingering, sauntering, dawdling.R. v. Willis, (1987), 37 C.C.C. (3d) 184, at 186 (B.C. Co. Ct.) R. c. Cloutier, 1991 CanLII 2831 (QC CA) at para. 154 R. v. Lozowchuk 1984 CarswellSask 268 "prowling" is conduct with a specific unlawful goal.R. v. Dillon, [1964] 3 C.C.C. 205 (Alta. S.C. App. Div.) R. c. Cloutier, 1991 CanLII 2831 (QC CA) R. v. Walczak, 2008 ONCJ 70 R. v. Priestap, 2006 CanLII 12288 (ON CA) A "lawful excuse" must include (1) a reason that is permissible under the law of the land to be on the property and (2) he must carry out his purpose in a lawful manner.R. v. Andsten 1960 128 C.C.C. 311 (BCCA) The burden is on the defence to prove a lawful excuse.R. v. Johnson, 1985 CarswellBC 680 (BCPC) See also: R. v. Butt, 2010 NLTD 58 2 Trespassing at Night