Tort vs crime distinction

Note: the Trespass Act does not create a civil/tort right of action (like the Privacy Act does). The Trespass Act, s. 8, allows the court to order an award of restitution to the victim where a person is "convicted of an offence" of trespass. The award is discretionary ("may"), not as of right. It arises from a prosecution under the Act, not from a private civil lawsuit.