Section 70A: A person who, without lawful excuse, trespasses on a place, is guilty of an offence.
“Trespass” on a place is defined in the Criminal Code to mean -(1) To enter or be in the place without the consent or licence of the owner, occupier or person having control or management of the premises.
The maximum penalty is 12 months imprisonment and a fine of $12,000.
If the accused person claims that they had a lawful excuse to be or remain on the premises, the accused person has the onus of proving that they had a lawful excuse.
(a) There was consent;
(b) A person in authority had not asked the person to leave the premises;
(c) There was a lawful excuse to be there;
(g) Honest claim of right;
(h) Mistake of fact (but mistake of law is not a defence); and
(i) Identification (ie. The person accused is not the person who trespassed).
The matter would be heard in the Magistrate’s Court.