Break and Enter is a serious criminal offence, and is outlined under s. 348(1) of the Criminal Code of Canada. The offence is treated more punitively when the location of the Break and Enter is in a “Dwelling House”. A Dwelling House means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes: a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway, and (b) a unit that is designed to be mobile and to be used as a permanent or temporary.
Section 348(1) of the Code reads as follows:
“348(1) Every one who
(a) breaks and enters a place with 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 intent to commit an indictable
offence therein,
is guilty
(d) if the offence is committed in relation to a dwelling-house,
of an indictable offence and liable to imprisonment for life,
and
(e) if the offence is committed in relation to a place other
than a dwelling-house, or an indictable offence and liable to
imprisonment for a term not exceeding ten years or of an
offence punishable on summary conviction.”
Call (647) 878-6355 to speak to a Break and Enter Lawyer today.