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Break and Enter with Intent Laws in Canada

Part IX of the Criminal Code / Against Property

Unlawful Entry with Intent to Steal

If you have been charged with a crime in Ottawa, you should consult with a criminal defence lawyer in your area

Insights from Ottawa Lawyer, Céline Dostaler

Building a defence against the Break and Enter charge

I understand the complexities of a Breaking and Entering (B&E) charge. While it may seem like a straightforward crime, there can be valid defences to this charge. A person can only be convicted of B&E if they broke into a place to commit an indictable offence like theft or robbery.

The prosecution must prove that the accused had this intention, which can be rebutted if evidence shows otherwise. If the accused provides a credible explanation for their actions, the burden of proof shifts back to the prosecution to prove beyond a reasonable doubt that the accused intended to commit a crime.

It's important to explore all possible defences in a B&E case, and that's why I encourage those facing this charge to contact me as soon as possible.

Click to Call Celine Dostaler: (613) 863-8595

Break and Enter in Ottawa, Ontario - Glossary of Terms

Glossary of Legal Terms

Crown prosecutor

Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.

Indictable offence

Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.

Reasonable doubt

The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."

Break and Enter in Ottawa, Ontario - Tagged With:
Tagged With: Against Property
Break and Enter in Ottawa, Ontario - Tagged With:
Code Citations: s.348
Break and Enter in Ottawa, Ontario - Referenced Links