Break and enter is a Criminal Code offence. In Ontario, the case often turns on what counts as “breaking,” what the place was, and what the Crown says you intended to do inside.
If the allegation overlaps with a theft-related issue, you may also want to review our pages on theft and possession of stolen property. Our lawyers page has more about the team that defends break and enter and related property charges.
What “breaking” means
Breaking does not require a smashed window or a forced lock. Walking into a house through an unlocked door without permission can satisfy the definition. Breaking out also counts. Entering a store during business hours and staying past closing with the intent to steal is a recognized form of break and enter, even though no doors were damaged.
What “place” covers
For the purposes of this offence, a place includes a dwelling house, any other building, a train car, vessel, aircraft, or trailer, and any area where animals are kept as pets or livestock. A dwelling house is any structure occupied as a residence, whether temporarily or permanently, including attached areas like a garage. Some recreational vehicles and campers also qualify.
Intent to commit an indictable offence
The charge requires that the accused either committed or intended to commit an indictable offence inside the place. The Crown does not need to prove a crime was actually completed. Unless there is evidence to the contrary, the court presumes that unauthorized entry was made with criminal intent. That presumption can be challenged, but it requires evidence.
Dwelling house vs. other places
The classification of the place matters for sentencing. Break and enter into a dwelling house carries a maximum of life imprisonment. For any other place covered by the Criminal Code, the maximum is ten years. The difference can affect not only the potential sentence but also how the Crown decides to proceed.
Frequently asked questions
Does the Crown have to prove a theft actually happened?
Not necessarily. The Crown can proceed on the basis that you entered with intent to commit an indictable offence, even where nothing was taken.
What if I had permission to be there?
Permission to enter does not automatically cover everything that follows. Staying after that permission expired, or using an earlier entry to set up a later offence, can still support a charge.
Why does it matter whether it was a dwelling house?
Dwelling house allegations carry higher maximum penalties and are generally treated more seriously by the Crown. Classification can make a practical difference in the sentencing range and how the case is approached.
Can I be charged if nothing was stolen?
Yes. The offence only requires intent to commit an indictable offence inside the place. Whether or not anything was taken, the charge can still proceed if the Crown can prove the unauthorized entry and the intent.
What defences are available?
Common issues include identity, whether the entry was actually unauthorized, whether the accused had the required intent, and Charter arguments where police conduct is in question. The right approach depends on the evidence in the specific file.
Speak with a Toronto break and enter lawyer
If you have been charged with break and enter, contact the firm for a free consultation before your next court date.