Legal Question in Criminal Law in Canada

Is failure to leave premises when directed a criminal offence?

I was intoxicated and got in a fight with my brother because he was trying to take off with our family car in the middle of the night. he snuck off and called 911 to have them come here and take me away for drinking or something and tricked my mom into telling the cops they wanted me to leave. the cops came and used force to remove me from my home in the middle of the night and I was so drunk i was telling them that im not leaving which was stupid. now i am being charged with "failure to leave premises when directed" and have to appear in court. Am i now going to have a criminal record? my mom regrets ever letting them into our home as now shes the one who will have to pay for a lawyer but if she is on my side shouldnt all this get dropped?


Asked on 5/01/11, 12:23 pm

1 Answer from Attorneys
Kenneth Golish Golish, Kenneth W.

From what you write, the ticket you received will note the statute and section under which you are charged. This is probably under the Tresspass to Property Act which a provincial statute and not a criminal offence. In any event, you still may wish to consult a lawyer about a possible defence.

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Answered on 5/02/11, 10:53 am


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