Breaking and entering is a serious criminal offence in Canada. While many assume it only applies to theft-related scenarios, the law casts a broader net. Whether a person intends to steal, commit another crime, or simply enters unlawfully, the consequences of a breaking and entering conviction can be severe.
What Is Breaking and Entering?
Under Section 348 of the Criminal Code of Canada, a person commits breaking and entering when they unlawfully break into or enter a place with the intent to commit an indictable offence (e.g., theft, assault, mischief), or when they commit an offence after entering, or break out of a place after committing or intending to commit an offence inside.
Key Elements of the Offence
To prove a charge of breaking and entering, the Crown must establish the following elements beyond a reasonable doubt:
- Breaking and/or Entering
“Breaking” doesn’t necessarily mean smashing a door or window. It can include any unauthorized opening, such as pushing open an unlocked door or window.
“Entering” refers to any part of the accused’s body or an object under their control crossing into the premises. This can also include attempts to break in, meaning an accused is caught in the act trying to enter. - A “Place”
This includes a residence, business, warehouse, garage, or any structure or enclosure used for shelter, work, or storage. - Intent to Commit an Indictable Offence
The Crown must show that the accused intended to commit a serious offence upon entry (e.g., theft, assault, mischief). The offence need not be completed, the intent alone is sufficient to prove this element.
Examples of Breaking and Entering
- Forcing open a back door of a home with the intent to steal electronics
- Entering a commercial property after hours to vandalize or commit theft
- Breaking into a garage or shed to steal tools
- Entering a building unlawfully to confront or harm someone inside
- Hiding inside a store until closing time to commit a crime overnight
- Opening a screen or sliding door during an argument when not invited in
Potential Consequences
The penalties for breaking and entering in Canada vary based on the type of location and the nature of the offence:
1. Breaking and Entering a Dwelling-House
- Indictable offence
- Maximum sentence: life imprisonment
This is among the most serious forms of B&E and is treated with particular severity due to the invasion of personal privacy and safety. Home invasions are a prime example of a serious form of breaking and entering which would attract a significant jail sentence.
2. Breaking and Entering a Non-Dwelling (e.g., commercial property)
- Indictable offence
- Maximum sentence: 10 years imprisonment
Aggravating Factors
Courts may impose harsher penalties if:
- The offence was committed at night
- Weapons were involved
- Violence or threats were used
- The offender has a prior criminal record
Defending a Breaking and Entering Charge
Every case is unique, and defences may include:
- Lack of intent to commit an indictable offence
- Lawful authority to be on the premises
- Mistaken identity
- Consent (e.g., misunderstanding about permission to enter)
Early legal advice is crucial. A skilled defence lawyer can evaluate the evidence, negotiate with the Crown, and seek to have charges reduced or withdrawn where appropriate.
Facing Charges? Contact Our Defence Team
If you’ve been charged with breaking and entering, do not face it alone. The consequences can be life-altering, but a strong legal defence can make all the difference. Contact us at Acumen Law at 604-685-8889 for a free consultation.