Trespass Affidavit Template for Canada

A Trespass Affidavit is a sworn legal document that enables you to formally document and address unauthorized entry or presence on your property. Under Canadian law, this document serves as crucial evidence when you need to pursue legal remedies, work with law enforcement, or establish a pattern of repeated violations on your property.

When do you need this document?

You'll need a Trespass Affidavit when someone has unlawfully entered or remained on your property without permission. This includes situations where individuals refuse to leave after being asked, return after being banned, or cause damage while trespassing. The document is particularly valuable when dealing with repeat offenders, squatters, or when you need documented evidence for insurance claims or court proceedings. Property managers and business owners frequently use this affidavit to establish clear records of unauthorized access to commercial properties, rental units, or private land.

Key legal considerations

Your affidavit must include specific details about the property, including its legal description and your authority to control access. You need to clearly describe the trespassing incident, including dates, times, and the identity of the trespasser if known. The document must be sworn before a Commissioner of Oaths, Notary Public, or other authorized official as required by the Canada Evidence Act. Consider including evidence such as photographs, witness statements, or security footage references. Be prepared to demonstrate that the trespasser had notice they were not permitted on the property, either through posted signs, verbal warnings, or prior banning notices.

Legal requirements in Canada

Under the Criminal Code of Canada, trespassing at night (Section 177) and general property defence rights (Section 41) provide the federal framework for your affidavit. However, each province has specific Trespass Acts that govern enforcement procedures and requirements. In Ontario, the Trespass to Property Act requires clear notice to potential trespassers, while Alberta's Trespass to Premises Act has different notification requirements. Your affidavit must comply with both federal evidence requirements and your provincial trespass legislation. The document must be properly sworn and include all mandatory elements such as affiant identification, property details, and specific incident descriptions. Provincial Commissioners for Taking Affidavits Acts determine who can administer the oath, so ensure you use a properly authorized official in your jurisdiction.