Canadian Criminal Law/Offences/Trespassing at Night

Proof of the Offence
In addition to the essential elements of time, jurisdiction and identity, the crown should prove:
 * 1) the accused loitered or prowled
 * 2) it was night at the time
 * 3) the accused was on private property at the time
 * 4) a private dwelling-house is situated on that property
 * 5) there was no lawful excuse for the conduct

Application
"loitering" is purposeless wandering about the area. It includes standing idly around, hanging around, lingering, sauntering, dawdling.

"prowling" is conduct with a specific unlawful goal.

A "lawful excuse" must include (1) a reason that is permissible under the law of the land to be on the property and (2) he must carry out his purpose in a lawful manner.

The burden is on the defence to prove a lawful excuse.

See also: R. v. Butt, 2010 NLTD 58