Federal Law Twelve

Question 1

Trespass at Night

Section 177 C.C

Answer 1

Everyone who,
- without lawful excuse,
- loiters or prowls at night
- on the property of another
person
- near a dwelling house situated on that property

Question 2

What type of offence is Trespass at night?

Answer 2

Summary

Question 3

Definition of Night for trespass at night offence
(Section 2 C.C)

Answer 3

The period between 9pm and 6 am

Question 4

Trespass at Night

Definition of a dwelling house:

(Section 2 C.C)

Answer 4

• Whole or part of any building or structure
• Kept or occupied as a permanent or temporary residence
• Includes building within curtilage of a dwelling house-connected by a doorway or covered passageway
• Includes unit designed to be mobile
• To be used as a permanent or temporary residence
• Being used as such

Question 5

TIPP Checklist
Trespass at night

Answer 5

Question 6

Voyeurism

Section 162 C.C

Answer 6

Everyone 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
- Person is in a place where reasonably expected to be nude, or expose their body OR
- A person is nude exposing their body to engage in sexual activity

Question 7

Voyeurism

Defense to Voyeurism

Section 162 C.C

Answer 7

No person shall be convicted of an offense under this section if the acts alleged to constitute the offence serve the public good

Question 8

TIPP Checklist

Voyeursm

Answer 8

Question 9

Mischief

Section 430 (1) C.C

Answer 9

Everyone commits mischief who willfully:

a.) Destroys or damages property
b.) Renders property dangerous, useless, inoperative or ineffective
c.) obstructs, interrupts or interfere with any person in the lawful use of enjoyment or operation of property

Question 10

Mischief

Section 429 C.C

Answer 10

CC 429 (2)

Cannot be convicted of an offence under S.430 if they act with legal justification or excuse or colour of right

CC 429 (3)(a)

If a person has a partial interest in what is destroyed or damaged they can still be convicted of an offence if they caused the destruction or damage

CC 429(3)(b)

If a person has total interest in what is destroyed or damaged they can still be convicted of an offence if the destruction or damage was done with the intent to defraud.

Question 11

TIPP Checklist

Mischief

Answer 11

Question 12

Cause Disturbance

Section 175 (1) (a) C.C

Answer 12

Everyone who,

• not being in a dwelling house causes a disturbance in or near a public place by,

i. Fighting, screaming, shouting, swearing, singing, using insulting or obscene language

ii. By being drunk, OR

iii. By impeding or molesting

Question 13

Cause Disturbance

Definition of a dwelling house

Section 2 C.C

Answer 13

Every one who, not being in a dwelling house

-The whole or part of any building or structure

• kept or occupied as a permanent or temporary residence

-including a building within the curtilage of a dwellinghouse

-connected to it by a doorway or covered passageway

-unit designed to be mobile

-to be used as a permanent or temporary residence and

-being used as such a residence

Question 14

Cause Disturbance

Definition of Public Space

Section 150 C.C

Answer 14

in or near a public place…

includes any place to which the public has access as of right or by invitation, express or implied

Question 15

Cause a Disturbance

Definition of Disturbance

Answer 15

Causes a disturbance

An act causing annoyance or disquiet, interrupting the peace. Mere annoyance does not count, must interfere with the ordinary use of the premises (Black Law Dictionary)

Question 16

TIPP Checklist

Cause Disturbance

Answer 16

Question 17

What is Curtilage?

Answer 17

The ground, space around The curtilage of a dwellinghouse is the area of land that surrounds a dwelling and is used for the benefit of the people living in the house. It can include a yard, basement, passageway, driveway, lawns, stables, or vegetable patch