Just curious...
Tue, 09/30/2008 - 23:37
Hey, just wondering as to the communities official stance to buildering in... not so ligitimate circumstances (i.e. in the middle of the night and where one could be charged with trespassing).
I ask cause me and my friends have just started getting into it here at Edmonton Alberta Canada and we were wondering if anyone had any good suggestions for locations. I've recently scaled my high school and my junior high (which was sweet because it was like a play ground on the roof), as well as the ottwell curling arena and a kfc a few blocks down (this one had a hatch on it that was open 
). So on second thought, this post is a two parter, the first question as well as any sweet locations in edmonton.
cheers.
There's no law against buildering in Canada. There's laws against trespassing, public endangerment, mischief, break and enter, and vandalism. If you are caught, explain yourself, be nice, and they will usually let you go with a warning. If you are a prick, the cop will be more inclined to try and prosecute you.
In an ideal world, the only charge that would possibly stick in court would be trespassing, and that depends entirely on the land owner's willingness to press charges (i.e. the cops/crown can't do it alone). All of the above are summary convictions/misdemeanors. There's a higher level of B&E that's a criminal conviction...but not applicable.
Interestingly enough, according to Whip's ex-cop dad, there is no such thing as trespassing in Canada if done in daylight. I.e. the only time they can charge you with this is at night. I'm not sure how that could be true, but it's worth looking into. If it is true...well you are pretty much impervious to the law if buildering during the day.
In my experience, at the worst they'll throw you in the back of the car, say that you are *under investigation* for such and such charge, and that they have 6 months to decide to prosecute. These are the cops who either enjoy scaring you, or really think you are doing something terrible. Play along with their game. Act real scared, snivel a bit, apologize profusely. You'll probably be doing this anyway unless you are a real badass, in which case pretend you aren't.
More commonly however, they will simply run your name to look for outstanding warrants, previous criminal history, etc, and give you a little lecture. Or if the cop is super cool, he'll be on your side and join with you in lamenting the state of the world where ordinary citizens call in such harmless activity.
One tip to longevity in this game: keep your eyes peeled for people on cell phones. If I ever see someone initiate a call in my vicinity, I try to gauge the body language of the person. It's usually pretty easy to tell if they are a snitch. If so, move on. If I'm unsure, I'll walk right up to the person, listening to their conversation until they stop to acknowledge me, and say "Oh, sorry to interrupt. I was wondering if you could tell me what time it is?" If I'm still unsure after this, I bend down to tie my shoes, listening in where the conversation dropped off. Slightly rude behaviour I suppose, but there's no law against that, and I'm usually pretty sure the person is some tattle-tale prick who is out to destroy my fun. Have no respect for these swine. They are the scum of the earth, the eyes and ears of our brave new Orwellian society
Sweet! Thanks man, that was very informative, I'll be sure to pass it on.
Due to other hobbies that I have... knowledge of the trespassing laws (especially in Alberta as I lived there until just recently) was required.
Trespassing is not a criminal offense. It is on par with a parking ticket. If you are stopped by an officer for trespassing the only punishment is a fine (I believe its $150 in Alberta). No criminal record, nothing.
It is not considered trespassing if it is not clearly marked, or you are told to leave. If there is no sign saying "No Trespassing" and you do not need to climb fences to get in (if they take efforts to keep you out it can be considered trespassing) feel free to go. You are allowed to be there without repercussions. If you are asked or told to leave, do so promptly, and again to repercussions. It becomes trespassing when a.) the sign says don't enter or b.) you are told to leave and you do not comply.
The laws differ for a private residence (i.e. home) but generally stay out as the punishments are significantly worse.
I'm not sure on the exact laws in BC, if anyone has details feel free to pass them on!
According to the Alberta Petty Trespass Act (Full Text: http://www.canlii.org/ab/laws/sta/p-11/20080818/whole.html ) there must be some sort of notice given in order to bring the police into the matter.
Notice2.1(1) Entry on land may be prohibited by notice to that effect, and entry is prohibited without any notice on land
(a) that is a lawn, garden or land that is under cultivation,
(b) that is surrounded by a fence, a natural boundary or a combination of a fence and a natural boundary, or
(c) that is enclosed in a manner that indicates the owner’s or occupier’s intention to keep persons off the land or to keep animals on the land.
(2) For the purposes of subsection (1), notice may be given
(a) orally,
(b) in writing, or
(c) by posters or signboards visibly displayed
(i) at all places where normal access is obtained to the land, and
(ii) at all fence corners or, if there is no fence, at each corner of the land.
(3) Substantial compliance with subsection (2)(a), (b) or (c) is sufficient notice.
In a nutshell this means that there must be a fence, cliff, wall, sign or poster making it obvious the area is not to be entered. On that note, there is an interesting subsection that states:
There is a presumption that access for lawful purposes to the door of a building on land by a pathway apparently provided for the purpose of access is not a trespass.Which would leave some interesting possibilities open for indoor projects (unless other laws apply.)
HOWEVER
The Act also states that if you are asked to leave the property by the owner or any person authorized by the owner and refuse then you are guilty of the offence. This is a tricky subject because it is only a crime IF YOU DO NOT AGREE TO LEAVE. Under the Act the owner/occupier/authorized person (referred to as a "servant" in the Act, look it up) can detain you and take you to the nearest peace officer (i.e. the police.)
Apprehension without warrant4 Any person found committing a trespass to which this Act applies may be apprehended without warrant by any peace officer, or by the owner or occupier of the land on which the trespass is committed, or the servant of, or any person authorized by the owner or occupier of the land, and may be forthwith taken before the nearest provincial judge or justice of the peace to be dealt with according to law.
I'm not sure what the laws are in BC, though I'm sure there are similar acts in place. I might look into that post Halloween.
Best of luck.
"The Edge... there is no honest way to explain it because the only people who really know where it is are the ones who have gone over."
-HST