Is it trespassing if...

[Matticus]

sure.

Highway Traffic Act (ontario)

As to carrying licences and surrender on demand
33.  (1)  Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).

the law goes on to state that cyclists must adhere to the rules of the road, of which this is one. longboards, for all intents and purposes, will fall under the same category as bikes in this.


Identification on failure to surrender licence
33 (3)  Every person who is unable or refuses to surrender his or her licence in accordance with subsection (1) or (2) shall, when requested by a police officer or officer appointed for carrying out the provisions of this Act, give reasonable identification of himself or herself and, for the purposes of this subsection, the correct name and address of the person shall be deemed to be reasonable identification. 1993, c. 40, s. 3.

plain english of Subsections 1 and 3 state that if you're driving a car (or if you read through the legislation more, a bike (and skateboard)) on a road, and a cop pulls you over and requests your ID, you have to give it to him. if you DONT HAVE YOUR ID ON YOU, you have the obligation to give the cop your correct name and address.

here's a link so you can read it yourself. http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK64


i love law, i eat it for breakfast.
 

[Matticus]

i'm also going to quote my response earlier that has some links to some legit places where you'll find information pertaining to the trespass to property act and other pieces of legislation you may be subject to.

yes and no. that's my answer.

if you buy a ticket, there are stipulations on the back of the ticket. just because you bought a parking pass does not entitle you free roam to do as you wish in the garage, it merely grants you access to park your vehicle.

however, if there is no stipulations as such on the back of your ticket OR anywhere in the garage listing prohibited activities (including a general prohibition) then there is no grounds for a ticket. be careful and use your own discretion. this is my interpretation of the law as i read it.

i strongly suggest you know your Rights and the applicable Laws and Bylaws, namely the Trespass to Property Act

[LDPster]

yea it is a legal nessecity to carry identification

what's your legal source for this information?

I'll locate one.  But for now, call it experience.  Gotta search criminal code

[Matticus]

i only see that 430 (1)(c) and (d) would apply to trespassing charges, and they would really have to want to throw the book (that is, the CCC) at you. if i were to be charged criminally, or for any other indictable offense, i would fight it through the court system. still, the cop is going to charge you if that's what they deem to be the right course of action.

you not providing ID to the cop won't solve anything on your end. in fact, i'd dare to say that your refusing to identify would go against your case. that being said, if i was being detained as part of an investigation for a criminal offense, i would be calling a lawyer and excercising my rights under the canadian  constitution.



i have yet to see any case law involving bike/skate user being charged under the CCC for mischief by trespass. that being said, there is precedent for a mischief charge for trespass, usually charged as a result of vandalism (refer to pg. 1 of this thread)

[Noise]

I hear if you challenge a cop to "Answer me these riddles three" and best him on two of the three. They legally have to let you go.

[nate]

isn't 'what is your name?' one of the 3 questions!? haha

[Hilton]

 i never said give a fake name. (see quote  )

while walking along the street (or biking, or skateboarding as of the new laws) we do not legally need to carry identification. only while operating a motor vehicle. so if the officer was to stop you, ask for id, you shut him down, then head to your car... youre an idiot.


from reading off that link for the HTA, the only time you need to surrender your license when asked (not just any piece of ID) is when operating a motor vehicle, or you are accompanying a novice driver (G1) in said motor vehicle. it does not say anything about a bike/pedestrian/skateboarder with in that section of the law.

 

you do not need to show id. if asked if you have id on you, you can say yes, but do not need to show it. we are not required have Id in our possession.  with out a valid reason to search you, they will never know what the ID says.


i know this from fighting a traffic ticket, and also my aunt is a judge.

[101s]

sure.

Highway Traffic Act (ontario)

As to carrying licences and surrender on demand
33.  (1)  Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).

the law goes on to state that cyclists must adhere to the rules of the road, of which this is one. longboards, for all intents and purposes, will fall under the same category as bikes in this.

Thanks to the blue mountain 5, longboards and are not part of the HTA.  Therefore not bound by it, we can speed run stops signs basically we are pedistrians.  Anyways always give the police your name etc but you don't have carry id to ride a longboard.  Don't give bad attitude it makes it look like you are doing something wrong and we know its not illegal.  If they want to write you up a ticket under the HTA take it and be psyched because it will be thrown out. 

[Jen]

Thanks to the blue mountain 5, longboards and are not part of the HTA.  Therefore not bound by it, we can speed run stops signs basically we are pedistrians.  Anyways always give the police your name etc but you don't have carry id to ride a longboard.  Don't give bad attitude it makes it look like you are doing something wrong and we know its not illegal.  If they want to write you up a ticket under the HTA take it and be psyched because it will be thrown out. 

According to the police I spoke with, longboards are considered a motor vehicle under the HTA, but only under certain circumstances since we don't need a license to use one. I was struck by a car last September while boarding and was knocked unconscious, when I woke up in the hospital the cop gave me a ticket for failing to yield at an intersection because even though they hit me I was considered a vehicle while on my board... Lame. Lucky for me, I didn't have any ID on me at the time so my ticket was given with just my name, a line through the drivers license section, and ''No Fixed Address'' in the address spot 

[Wilcox]

cops are stupid...

[soulindk]

I'm going to look through the HTA in depth and pull out what may and what does apply to us to try and settle the disputes. I will post this a little later once Ive gone through.

[McGoon]

There's no dispute. Skateboards are not motor vehicles. R v. Cruz, and a Court of appeals case from Calgary support this. At least until such a time as skateboards are specifically named under the HTA.

YOu can still be charged though, but yOu'll need to fight the ticket to get off..... 

[WORLDs]

yes and no. that's my answer.

if you buy a ticket, there are stipulations on the back of the ticket. just because you bought a parking pass does not entitle you free roam to do as you wish in the garage, it merely grants you access to park your vehicle.

however, if there is no stipulations as such on the back of your ticket OR anywhere in the garage listing prohibited activities (including a general prohibition) then there is no grounds for a ticket. be careful and use your own discretion. this is my interpretation of the law as i read it.

i strongly suggest you know your Rights and the applicable Laws and Bylaws, namely the Trespass to Property Act

and from the Trespass to Property Act:
"Colour of right as a defence

(2)  It is a defence to a charge under subsection (1) in respect of premises that is land that the person charged reasonably believed that he or she had title to or an interest in the land that entitled him or her to do the act complained of. R.S.O. 1990, c. T.21, s. 2 (2)."

....


Does this mean that if it came down to being charged, and you're in court fighting the ticket, you could get off on the grounds that 'you did not believe you were doing anything wrong?'

[soulindk]

No. Just showing up and trying to defend your case does not prove that you had a title to or interest in the land. This subsection is probably directed towards "sqatters Rights". But I haven't looked through the Act so I can't definitely give you an answer.

[soulindk]

Go here http://wikiskate.com/olf2/index.php?PHPSESSID=fq1httnd0hcp4fp866eosoipb1&topic=7627 for my rendition of the HTA.