- Monday, August 22, 2016
By: Tracy S. Smith
It has been about a month since the Pokémon Go App was launched and it has become hard to ignore the popularity of the game (even if you want to). Groups of players, also known as “trainers”, can be found lingering around in public, quasi-public, and private areas in an effort to catch Pokémon, battle at a “gym”, or reap rewards at a local Pokéstop.
In an effort to encourage responsible Pokémon chasing, I have written this blog post to provide some general insight into the legalities of trespassing – so that trainers can be more informed about the dangers of wandering onto private property in their efforts to “level up.”*
To preface, it is worth noting that there are two types of trespass: criminal (or quasi-criminal) and civil trespass. The criminal (or quasi-criminal) offences of trespass are set out in the Nova Scotia Protection of Property Act and the Criminal Code, whereas civil trespass gives rise to a private claim between private parties (the property owner and the trespasser) for damages or other relief.