What is loitering in a public place? Is it illegal or not in Canada?

Loitering means staying in one place for no clear reason, especially in a public space like a sidewalk, park, or store entrance. It’s when someone lingers without an obvious purpose, like shopping or waiting for a friend. 

In Canada, loitering, standing around without a clear purpose might seem harmless, but it can sometimes lead to legal issues. While the federal Criminal Code doesn’t specifically criminalize loitering, many provinces and municipalities have their own bylaws addressing it.

In fact, a study by the Policing and Homelessness Initiative identified 367 neo-vagrancy offences across 217 municipal bylaws in Canada, including laws against loitering, panhandling, and resting in public spaces. These laws often aim to manage public spaces but can disproportionately affect vulnerable groups, such as the homeless. Understanding where loitering crosses the line into illegality is crucial for both residents and visitors.

In this blog post, we’ll understand what loitering means in the Canadian context and when it might land someone in legal trouble.

Loitering might seem like just standing around, but there are actually different types of loitering that local rules often mention.

Here are a few different types of loitering that might be recognized under local rules:

This is when someone hangs around in places like sidewalks, parks, bus stops, or near stores without any clear reason. They’re not waiting for a friend, shopping, or doing anything in particular. Sometimes people just stand there for a long time, and that can make others feel uneasy.

This happens when someone stays on someone else’s land like near the entrance of a store, outside a house, or in a private parking lot without any permission. Property owners or business managers might see this as trespassing or a safety issue, especially if it bothers customers or staff.

Obstructive Loitering means blocking pathways, doorways, or sidewalks. For example, a group of people might stand in front of a store entrance, making it hard for others to get in or out. It’s not just about standing there; it’s about preventing other people from using the space the way it’s meant to be used.

This is when someone is hanging around and looks like they might be planning to commit a crime, like stealing, vandalizing, or picking a fight. Even if they haven’t done anything yet, their behavior, like acting suspicious or watching people too closely, can make others worried about what they might do next.

In Canada, loitering, lingering in public places without a clear reason is not a crime under federal law, but some behaviors linked to loitering can be illegal. For example, the Criminal Code (Section 175) makes it an offense to loiter and cause a disturbance, while Section 177 covers loitering near homes at night.

While on the other hand trespassing is when someone enters or stays on someone else’s private property without permission. It’s usually more serious because it involves crossing a boundary, like walking into someone’s yard or a restricted area.

Loitering can make customers feel unsafe and hurt your business’s reputation. One of the best ways to stop loitering is to keep your property clean and well-lit so people don’t feel like they can hide in dark areas. Installing clear “No Loitering” signs can also help.

Security cameras, especially AI powered ones, can spot unusual behavior and alert you right away. Regular patrols or a live video monitoring service can catch problems early. 

Here how loitering can be prevented before it’s too late:

AI-powered cameras are a smart way to prevent loitering on your property. These cameras can detect people lingering in one spot for too long, even if you’re not watching in real time. They send instant alerts to your phone or security team so you can respond quickly.

Unlike regular cameras, AI powered systems can tell the difference between someone passing by and someone staying too long. This helps you stop loitering before it becomes a bigger problem, keeping your business area safer.

Live video monitoring adds a human touch to your security. With real time monitoring, trained staff watch your cameras and respond immediately if they spot loitering.

They can talk to the person through speakers to ask them to leave or call the police if needed. This proactive approach helps prevent loitering from turning into theft or vandalism. Plus, it gives customers and staff peace of mind, knowing someone is always watching out for their safety.

Fencing and lighting are simple but effective ways to keep loiterers away from your property. A sturdy fence around your business makes it harder for people to hang around where they shouldn’t. Bright lighting at entrances, parking lots, and walkways helps discourage loitering because people can’t hide in the dark.

Well lit areas make your property look cared-for and secure, which also helps attract customers. Combining fences and good lighting with cameras or live monitoring makes your business much safer.

Tired of dealing with loitering problems at your commercial property or construction site? Spotter Security offers cutting edge solutions designed to prevent loitering before it affects your business. With over 20 years of experience protecting properties across Canada, we specialize in AI powered cameras and live video monitoring systems that detect loiterers instantly and keep your premises secure.

Our team works with top brands like Avigilon, Axis, and Alarm.com to deliver reliable, high definition footage and real time alerts that help you respond fast. Whether you need proactive detection or 24/7 monitoring, we’ve got you covered.

Ready to safeguard your business with the latest loitering prevention technology?

Contact Spotter Security today for a customized consultation and find out how we can keep your property safe and loiter free.