Trespass commercial mall

Hello

Say a commercial mall owner/security accuse me of trespassing (say "failed to leave when directed") and detain me and calls the police,
1. how can the police officer emit a ticket for trespassing even tough the police officer has not witnessed the act of failing to leave when directed?
2. if a ticket is emitted by the police officer why is it the attorney of the city who will prosecute me instead of the lawyer of the commercial mall through a civil litigation process?
3. why is it me vs the city instead of me vs the commercial mall?

[Postman]

If the charge was not criminal trespass, your defense is invitation by inticement.

Originally Posted by Postman

If the charge was not criminal trespass, your defense is invitation by inticement.

Thanks for your answer. I understand your answer. A defense is indeed invitation by enticement, since even according to Canada/Ontario Trespass to Property Act ( Trespass to Property Act, R.S.O. 1990, c. T.21 ), a property (like a commercial mall) which has signs which invite persons to entry cannot claim a trespass unless they have priorly issued a prohibition from entry to a particular person.

But my concern here is the interaction between 1. me and 2. the property owner and 3. the police/city; why is it not a civil action of the property owner against me ? (or is it?)

why is it the police/city that issue to me a ticket with a fine? because in such a case which evidence does the city attorney has against me to claim that I have trespassed BY "failing to leave when directed" ?

Originally Posted by Postman

If the charge was not criminal trespass, your defense is invitation by inticement.

Thanks for your answer. I understand your answer. A defense is indeed invitation by enticement, since even according to Canada/Ontario Trespass to Property Act ( e-laws,gov,on,ca /html/statutes/english/elaws_statutes_90t21_e,htm ), a property (like a commercial mall) which has signs which invite persons to entry cannot claim a trespass unless they have priorly issued a prohibition from entry to a particular person.

But my concern here is the interaction between 1. me and 2. the property owner and 3. the police/city; why is it not a civil action of the property owner against me ? (or is it?)

why is it the police/city that issue to me a ticket with a fine? because in such a case which evidence does the city attorney has against me to claim that I have trespassed BY "failing to leave when directed" ?

The prosecutor cannot have two bites at the apple. When the citation was issued his choice of bites was made. My guess is the officer and/+or the prosecutor will fail to appear. At which point the mall "could" face malicious prosecution (civil). But there are no actual damages.

postman

Thanks Postman for your kind of cryptic answer. So to summarize:
1. it is the city prosecutor vs me, a legal action (criminal or civil ??? it is a ticket, looks like a traffic ticket) intentionally caused by the mall to be initiated by the city
2. the only thing the city prosecutor has in her hands (that is, the single one thing that she might have REASONABLY managed to try to obtain for her investigation) is the report of the police officer (who did not personally witness the claimed offense "failed to leave directed", and whose report does not contain any comments of mine)
3. my justification for being on the property is invitation by enticement or so
4. if the legal action go in my favor and "if" there have been damages to me, i can escalate things against the mall, keyword: Malicious prosecution

Any comments anyone about cases like this of claims of trespass on publicl accessible building?

NO damages, be "glad" if they are no shows and "satisfied". Unless you left something out, like mall security ripped your spine out. Dont forget the cameras my friend. Get off and get over it.

Postman

It is a crime even if it occurs on semi-private property. That is why the Crwon is involved.

But they could take civil action too.

[Postman]

"But they could take civil action too."

I assume you are making a senario for recovery of damages? The judge will kick that to the curb faster than you can say dismissed!