Break and Enter Charges in Canada: What You Need to Know

Under the law, you may have several valid defences to a break charge, including violations of your rights under the Charter of Rights and Freedoms. Entering a guilty plea to a break-and-enter charge can have profoundly serious consequences. The stigma of a criminal record, the hardship of being processed through the criminal justice system, and the potential impact on your work, family, reputation, and, at worst, your freedom are significant. Know your rights.

If you or a friend or family member has been charged with break and enter, contact the firm at 1-888-524-8475.

What is breaking and entering under the Criminal Code?

The definition of “breaking and entering” under Section 348(1) is broad and covers everyone who:
(a) breaks and enters a place with the intent to commit an indictable offence therein;
(b) breaks and enters a place and commits an indictable offence therein; or
(c) breaks out of a place after
    (i) committing an indictable offence therein; or
    (ii) entering the place with the intent to commit an indictable offence therein.

It is the responsibility of the Crown to prove, beyond a reasonable doubt, that the accused intended to commit an indictable offence within the place entered. Note that the Criminal Code also includes a distinct charge of trespassing at night, governed by Section 177.

What is the possible punishment for breaking and entering?

If the offence is committed in relation to a dwelling-house, the possible punishment is imprisonment for life. If the offence is committed in relation to a place other than a dwelling-house, the accused is liable to imprisonment for a term not exceeding ten years, or the offence may be punishable on summary conviction.

Are the circumstances different if the breaking and entering occurred at someone’s house?

When imposing a sentence, the court shall consider it an aggravating circumstance if the dwelling-house was occupied at the time of the offence and the accused knew, or was reckless as to whether, the dwelling-house was occupied, and used violence or threats of violence against a person or property.

What is the charge of being unlawfully in a dwelling-house?

Under Section 349(1), every person who, without lawful excuse (the proof of which lies on that person), enters or is in a dwelling-house with intent to commit an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or the offence may be punishable on summary conviction.

What is the charge for possession of a break-in instrument?

Under Section 351, every person who, without lawful excuse (the proof of which lies on them), has in their possession any instrument suitable for breaking into a place, motor vehicle, vault, or safe, under circumstances that give rise to a reasonable inference that the instrument has been used or is intended to be used for that purpose:
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.

What is disguise with intent?

Every person who, with intent to commit an indictable offence, has their face masked, coloured, or otherwise disguised is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

What is possession of instruments for breaking into coin-operated or currency exchange devices?

Every person who, without lawful excuse (the proof of which lies on them), has in their possession any instrument suitable for breaking into a coin-operated or currency exchange device, under circumstances that give rise to a reasonable inference that the instrument has been used or is intended for that purpose, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.