Trespassing at night offences include loitering, prowls and voyeurism. Trespassing at night is specifically dealt with in the Criminal Code and is defined as anyone who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property.

Trespassing, loitering and prowling by night all share a particularly adverse stigma which may lead to significant social, employment and travel consequences. We frequently observe law abiding citizens without criminal records confronted with these allegations, sometimes under the influence of alcohol. These individuals are not criminals and were simply engaging in behavior, which they may not have even realized was criminal.

We persuasively work to have many of these allegations dismissed well in advance of trial and without a criminal record.

Frequently Asked Questions

What is Voyeurism?
What is Prowling?


What is Voyeurism?

We handle a variety of voyeurism offences. These offences pose a particular adverse stigma and must be handled with care.

The Criminal Code provides every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity; the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or the observation or recording is done for a sexual purpose.


What is Prowling?

Prowling has been interpreted to include a trespasser moving stealthily or furtively near a home at night, absent other explanation or lawful excuse with the intention to avoid detection.

The prowlers purpose in prowling is not the focus of the offence in the context of trespassing, the accused is prosecuted for the act of prowling, not the underlying purpose of such activity.

Trespassing, prowling and loitering by night, including voyeurism are all serious criminal offences with a myriad of consequences. We have handled situations where these offences are committed by everyday people without criminal backgrounds and have families.

These offences are very fact specific, we have persuasively worked to have many of these allegations successfully resolved without a criminal record.

416-DEFENCE | 416-333-3623

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