Break and enter is one of the most serious property-related offences in Canadian law—especially when homes are involved. A focused legal response is essential from the start.
Break and enter charges can arise in more situations than most people expect—from entering a business after hours to crossing the threshold of a private home, or even attempting entry without success. These offences are prosecuted aggressively, particularly when there's an allegation of intent to commit another crime inside. We look at whether the entry was authorized, how intent is being inferred, and whether any search or seizure violated your rights. With the right legal strategy, it may be possible to negotiate a reduced charge, seek a discharge, or fight the case entirely at trial.
Popular questions
What is break and enter under Canadian law?
It involves entering a residence, business, or other property without permission, often with the intent to commit a crime inside—even if nothing was taken or damaged.
Is breaking into a home treated differently than a business?
Yes. Break and enter into a dwelling house carries more severe penalties, including a maximum sentence of life imprisonment under the Criminal Code.
Can I be charged even if I didn’t steal anything?
Absolutely. The offence focuses on unauthorized entry and intent. Even attempting to enter a place with criminal intent can result in charges.
What are potential defences to break and enter charges?
Possible defences include lack of intent, mistaken identity, mistaken entry (no intent to commit a crime), or a breach of Charter rights during arrest or investigation.
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Our team will answer your questions and talk you through potential next steps.