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Break and enter offences in Canada are governed by the Criminal Code of Canada. These charges arise when a person is alleged to have broken into a place and entered it with the intent to commit another offence, most commonly theft.

Break and enter is treated as a serious property crime, but when the allegation involves a dwelling house, the courts treat it as a major public-safety offence with a strong emphasis on denunciation and deterrence.

A conviction can result in:

• A permanent criminal record
• Lengthy jail sentences
• Restitution and fines
• Weapons prohibitions and probation
• Severe employment and travel consequences, including to the United States
  
  
  

What Counts as Break and Enter?

A person can be charged with break and enter where the Crown alleges:

1. A “break” occurred – which can include:
   • Forcing a door or window
   • Opening an unlocked door
   • Using a key without permission
   • Entering through a partially open window
2. An “entry” occurred – even partial entry of a body part or tool can qualify
3. There was intent to commit an offence inside, most commonly:
   • Theft
   • Mischief
   • Assault
   • Another indictable offence
     
     

Actual theft does not need to be completed for the offence to be made out. Intent alone is sufficient.

Types of Break and Enter Charges

Break and Enter into a Dwelling House

This is the most serious form of the offence. A “dwelling house” includes:

• Houses
• Apartments and condominiums
• Hotel rooms
• Any place used as a residence
  
  

These cases are prosecuted extremely aggressively because of the risk to occupant safety.

Break and Enter into a Commercial Building

These offences involve:

• Stores
• Warehouses
• Offices
• Schools
• Storage facilities
  
  

While typically treated less severely than residential cases, commercial break and enter can still result in penitentiary-level sentences.

Break and Enter with Intent vs. Break and Enter and Commit

You may be charged with:

• Breaking and entering with intent, or
• Breaking and entering and committing an offence inside
  
  

The difference can be significant for sentencing exposure, but both are serious criminal offences.

Penalties and Sentencing for Break and Enter

Penalties depend on the type of building involved and the alleged offence intended or committed inside:

• Break and enter into a dwelling house:
  • Maximum: Life imprisonment
  • Often results in significant jail time, even for first offences
• Break and enter into a place other than a dwelling house:
  • Maximum: 10 years in prison
    
    

In addition to imprisonment, courts frequently impose:

• A permanent criminal record
• Restitution orders
• Lengthy probation
• Firearms and weapons prohibitions
• Restrictions on residency and movement
  
  

Sentencing is influenced by:

• Whether anyone was home at the time
• Time of day (night-time entries are treated more seriously)
• Tools used
• Criminal history
• Value of property involved
• Whether violence or threats occurred
  
  
  

Life Consequences of a Break and Enter Conviction

Beyond jail, a break and enter conviction can permanently affect your:

• Employment, especially in bonded or security-sensitive industries
• Ability to obtain professional licences
• Housing applications
• International travel
• Reputation within your community
  
  

Residential break and enter convictions, in particular, often carry long-lasting collateral damage beyond the courtroom.

Break and Enter and Related Criminal Charges

Break and enter cases are often accompanied by additional charges, including:

• Theft
• Possession of property obtained by crime
• Mischief
• Disguise with intent
• Weapons offences
• Failing to comply with release conditions
  
  

These extra allegations significantly increase sentencing exposure and negotiating risk.

Defending Break and Enter Charges

Strong break and enter defences often focus on:

• Whether a true “break” legally occurred
• Whether the accused actually entered the premises
• Whether intent to commit an offence can be proven
• Mistaken identity
• Video-surveillance weaknesses
• Whether the accused had lawful authority or consent to be present
• Charter violations, including:
  • Unlawful arrest or detention
  • Improper searches of vehicles, homes, or backpacks
  • Illegal seizures of tools or property
  • Identification procedure flaws
    
    

At KJR, every break and enter case is approached with a trial-ready mindset from the outset, including early Charter screening and evidence suppression strategies.