Legal Question in Criminal Law in Canada

Can I charge my neighbor for tresspassing when my place was unlocked and took pictures

Asked on 4/28/20, 5:49 am

1 Answer from Attorneys

Ronald Davidovic Law Ofc of Ronald Davidovic - 1-844-TRIALLAW

Trespassing can be a Crime or a Tort (Civil).

In either case it largely depends on whether your neighbor had permission to enter your property (actual or implied) and other circumstances, such as whether it was nighttime or the middle of the day.

If your neighbor came onto your property during the day, walked up the walkway to your door, knocked and walked away when there was no answer. It's unlikely they trespassed.

If they walked onto your property in the middle of the night and stood there, they might have committed a crime (Every person who, without lawful excuse, 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.). Or, if they walked onto your property at anytime and entered your home without permission, they could be charged with Breaking and Entering.

By "charge your neighbor", if you mean criminally, that would not be up to you. You can initiate the process by filing a police report and then the police and prosecutor would determine whether charges would be brought against them.

If, you mean civilly, there's also civil trespass. Each province has trespass legislation. For example, in Ontario there's the Trespass to Property Act (R.S.O. 1990, c. T.21) which outlines what would constitute a violation of that Act.

If you are suggesting your neighbor entered your home without permission and took pictures, you might want to call the police to report it.

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Answered on 4/28/20, 7:41 am

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