... with the first part of the description of the offence, the question is introduced as to whether or not the field may be defined as a place to which "the public have or are permitted access" as per subsection (7) of the Act. On the one hand the field is private land owned by the farmer therefore not public, but on the other hand, as Angela has proved, the public could gain access if they wished. Therefore the Crown would need to argue and prove that the field was a "public place" for the purposes of section 49 of the Act. (1)(a)(ii) The burden of proof is on Angela to defend her actions. Under the Act there are two sections describing defences an accused may employ. Angela may endeavour to prove that she had "good reason" (which differs from "reasonable excuse" held in Lister v. Lees 1994 S.C.C.R. 548 annotated in ...

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