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Trespassing means illegal infringement into someone else's person or property without his explicit consent. For the intruder's guilt to be ascertained, intent has to be proven; hence, trespassing signs are legally enforced to indicate boundaries. In land law or real estate law, trespassing constitutes two categories: criminal trespassing or civil trespassing. Police and property rangers control the jurisdiction of criminal trespassing, whereas civil trespassing responsibility falls to the landowner to lodge a legal proceeding against the perceived trespasser.

According to the Canadian Trespass Act of 1996, a person is not guilty of trespassing if he has received the consent of the landowner, the consent of another organization or color of right, which means a legal statement revealing the genuine mistaken view of the accused or affirming that occupation on another person's property is legal. However, the trespasser faces certain conviction if the land is enclosed by fencing, walls or any other physical barrier, if the trespasser has a positive denial of entry from the landowner, if the trespasser continues to trespass after notification from police, or if the trespasser re-enters the premises after clear prohibition. The landowner bears the responsibility of erecting proper fencing around private property.

The Trespass to Property act of 1990 refers to trespassing on property classified as bodies of water, ships, trailers, trains, vehicles and houses of residence or business. Under this law, when seen on the premises, the offender can be served an arrest without a warrant, fined a maximum of $2,000, and/or ordered to pay property damages that can be up to $1,000, court charges, and bail. The landowner cannot lodge a second civil lawsuit against the trespasser, based on the same matter.