CRIMINAL DEFENCE · ONTARIOEnglish · Português · Español

PROPERTY & PUBLIC-ORDER ALLEGATIONS

Trespassing at Night Defence in Ontario

The charge is more specific than its everyday label.

Criminal trespassing at night is a particular offence under section 177. FLS assists with eligible Ontario matters and helps distinguish the actual charge from other property, trespass or harassment allegations.

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What section 177 addresses

Section 177 concerns a person who, without lawful excuse, loiters or prowls at night on another person’s property near a dwelling-house on that property. The location, conduct and circumstances need assessment against the actual wording. An allegation is not a finding of guilt. Read section 177.

Distinguish criminal trespassing from other proceedings

A notice about entering property is not enough to identify the legal proceeding. Check whether the document cites section 177, another Criminal Code section or Ontario’s Trespass to Property Act. Bring the paperwork so the appropriate service, forum and scope can be assessed; this page concerns the Criminal Code allegation.

Prepare a factual timeline

Identify the property, time, reason for being there and any relevant messages, permissions or recordings. Keep original records and the full context. After retention, FLS reviews the disclosure, compares accounts and discusses what additional information may be needed. Do not return to the location contrary to a restriction.

Understand the next court step

Bring your court date and any undertaking or release order. If there are related harassment, mischief or other charges, provide them together for a scope check. FLS explains the agreed work and fees before representation begins. Read the court’s criminal-process guide.

Common questions

Is this the same as an Ontario trespassing ticket?

No. This page concerns Criminal Code section 177. A provincial trespassing proceeding has a different statutory basis; check your documents.

Does being on property after dark by itself prove the offence?

The allegation must be assessed against all applicable requirements of section 177, not the time of day alone. Read the provision.

Can I ask about related criminal harassment allegations?

Yes. Bring the complete charge document so FLS can assess each count and confirm whether representation is within scope.

YOUR NEXT STEP

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