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Dumb Newbie question
- Thread starter MtB
- Start date
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In short
If the gate is on a public FSR its OK to go around, if its private property you are taking your chances
Generally gates are put up to protect us from ourselves, I have yet to hear about anyone being charged by going around a gate. If its a gate on a FSR contact the local branch of MOF and they will tell you who has the key and if you can have access
Tom
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In short
If the gate is on a public FSR its OK to go around, if its private property you are taking your chances
Generally gates are put up to protect us from ourselves, I have yet to hear about anyone being charged by going around a gate. If its a gate on a FSR contact the local branch of MOF and they will tell you who has the key and if you can have access
Tom
jimmy sage
New member
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you can be charged if you go around a gate as i have heard of people getting tickets for going around the gate that goes to indian arm in squamish
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you can be charged if you go around a gate as i have heard of people getting tickets for going around the gate that goes to indian arm in squamish
O
old trials guy
Guest
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Defences to trespass
4.1 A person may not be convicted of an offence under section 4 in relation to premises if the person's action or inaction, as applicable to the offence, was with
(a)the consent of an occupier of the premises or an authorized person,
(b)other lawful authority, or
(c)colour of right.
[suB]Just say you honestly believed the fellow you asked had authority to grant permission.
[/suB]
otg
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Defences to trespass
4.1 A person may not be convicted of an offence under section 4 in relation to premises if the person's action or inaction, as applicable to the offence, was with
(a)the consent of an occupier of the premises or an authorized person,
(b)other lawful authority, or
(c)colour of right.
[suB]Just say you honestly believed the fellow you asked had authority to grant permission.
[/suB]otg
MtB
New member
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old trials guy wrote:
I am getting more and more confused. What if it does not say "no trespassing", but it is a locked gate? (but than again the door of my house is locked, and I do not have a "no trespassing sign on it AAAAARGH!!!!!!!!!!!!!!)
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old trials guy wrote:
And which is the right colour????:?Defences to trespass
4.1 A person may not be convicted of an offence under section 4 in relation to premises if the person's action or inaction, as applicable to the offence, was with
(a)the consent of an occupier of the premises or an authorized person,
(b)other lawful authority, or
(c)colour of right.
[sub]Just say you honestly believed the fellow you asked had authority to grant permission.
otg
I am getting more and more confused. What if it does not say "no trespassing", but it is a locked gate? (but than again the door of my house is locked, and I do not have a "no trespassing sign on it AAAAARGH!!!!!!!!!!!!!!)
M
myran
Guest
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I aint a lawyer, but I just wrote a Provincial exam, and the charge of trespass, I believe, is just a misdemenor offence, unless it occurs at a domicile used as a dwelling, where it becomes a statute, or indictable offence, a much more serious offence. However, an offence is an offence. Colour of right is satisfied by barring entrance (ie. a gate). But, I've been wrong before.
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I aint a lawyer, but I just wrote a Provincial exam, and the charge of trespass, I believe, is just a misdemenor offence, unless it occurs at a domicile used as a dwelling, where it becomes a statute, or indictable offence, a much more serious offence. However, an offence is an offence. Colour of right is satisfied by barring entrance (ie. a gate). But, I've been wrong before.
O
old trials guy
Guest
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Someone once told me the last time a case of trespass during daylight hours held up in court in Canada was 1949. Not sure if it is true.
There are lots of gates on roads in BC. Brohm Ridge is an example. There is a gate but no sign. Hikers, bikers, cyclists and snowmobilers go up there all the time and it is a well documented hiking trail. If it is okay to go there on foot or with a snowmobile or bicycle what difference does it make if you are on a motorcycle?
If you "inadvertantly" end up on someone's private property, plead ignorance and offer to leave immediately. Failure to leave when asked is a different story and carries different charges.
I have never heard of anyone beingfound guiltyoftrespass on crown land. Has anyone heard of such a thing?
otg
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Someone once told me the last time a case of trespass during daylight hours held up in court in Canada was 1949. Not sure if it is true.
There are lots of gates on roads in BC. Brohm Ridge is an example. There is a gate but no sign. Hikers, bikers, cyclists and snowmobilers go up there all the time and it is a well documented hiking trail. If it is okay to go there on foot or with a snowmobile or bicycle what difference does it make if you are on a motorcycle?
If you "inadvertantly" end up on someone's private property, plead ignorance and offer to leave immediately. Failure to leave when asked is a different story and carries different charges.
I have never heard of anyone beingfound guiltyoftrespass on crown land. Has anyone heard of such a thing?
otg
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i had a guy break into my car compound one night he scaled a 8ft fence with barb wire. then proceeded to pass out in his car. when the cops phoned me at 3;00am to come and open the gate i told them i wanted to charge him with trespassing i was told i had no signs up so i could not do that. go figure. so i never see any signs when i am riding.:f:
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i had a guy break into my car compound one night he scaled a 8ft fence with barb wire. then proceeded to pass out in his car. when the cops phoned me at 3;00am to come and open the gate i told them i wanted to charge him with trespassing i was told i had no signs up so i could not do that. go figure. so i never see any signs when i am riding.:f:
Sparkle
New member
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old trials guy wrote:
Although there's ample evidence of discouragement (gates, active logging signs, trenches, berms, burned bridges etc.) I can't ever recallan actual "trespassers will be prosecuted" sign on Crown Land unless it was an active gravel pit or a mine.
There is, however, more and more "Motorized Vehicles are Prohibited" signs. They get posted now and then, and then dissapear......ravens and porcupines I think.
Sparkle
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old trials guy wrote:
At a "consultation with the stakeholders" meeting with BCFS bigshots regarding a logging area plan, I once asked that question. The answer was something like "although we can't prosecute a trespass, public access will be strongly discouraged".
Although there's ample evidence of discouragement (gates, active logging signs, trenches, berms, burned bridges etc.) I can't ever recallan actual "trespassers will be prosecuted" sign on Crown Land unless it was an active gravel pit or a mine.
There is, however, more and more "Motorized Vehicles are Prohibited" signs. They get posted now and then, and then dissapear......ravens and porcupines I think.
Sparkle