Break and Enter Charges in Ontario

The short answer

Break and enter means breaking into a place with the intent to commit an indictable offence inside, or actually committing one there, and it is set out in s. 348 of the Criminal Code. Breaking into a home is treated as one of the most serious property offences in Canada, with a maximum sentence of life in prison. Since July 15, 2026, breaking into a home has also been a reverse onus offence at bail, which makes early preparation especially important. See our theft charges page for an overview.

What counts as break and enter

Section 348(1) covers three situations: breaking and entering a place with the intent to commit an indictable offence inside, breaking and entering a place and then committing an indictable offence there, and breaking out of a place after committing or intending to commit an indictable offence.

"Breaking" can be as simple as opening a closed but unlocked door or window. "Entering" happens as soon as any part of your body, or any object you are using, goes inside. A "place" includes a home, any other building or structure, and things like trailers and boats.

The presumption of intent

If the Crown proves that a break and enter happened, the court can presume that you intended to commit an indictable offence inside, unless there is evidence to the contrary (s. 348(2)). That evidence does not have to come from your own testimony, because it can also come from cross-examining Crown witnesses or from other defence witnesses.

For example, evidence that someone entered a friend's unlocked house to sleep after a night out, with nothing disturbed or taken, can rebut the presumption of intent.

The evidence in a typical case

The Crown's evidence often includes fingerprints, DNA or shoe prints found at the scene, footage from home security systems, doorbell cameras or neighbours' cameras, phone location data, stolen items that are later recovered, and witness descriptions.

Forensic evidence needs careful review. A fingerprint on an outside window, for example, may not show when it was left or how it got there, and that uncertainty can raise a reasonable doubt.

Bail for break and enter

Since July 15, 2026, breaking and entering a home has been a reverse onus offence under s. 515(6)(a)(xiii). This means you must show the court why you should be released, rather than the Crown having to show why you should be held. A strong release plan, often with a responsible surety, is essential. See our reverse onus guide.

What happens after you are charged

1. Bail hearing: If you are held, a bail hearing takes place, and for a home you carry the burden of showing why you should be released.
2. Disclosure: The Crown provides its evidence, including forensic reports, which can take some time to arrive.
3. Your election: Breaking into a home is an indictable offence only, so you can usually choose a trial by judge alone or by judge and jury. Because the maximum is life, you can also ask for a preliminary inquiry (s. 535).
4. Resolution or trial: The case either resolves through an agreement with the Crown or goes to trial.

Penalties

Breaking into a home is an indictable offence with a maximum of life in prison, and a discharge is not available. Breaking into any other place carries up to 10 years by indictment, or 2 years less a day and a fine on summary conviction, and a discharge may be available. There is no minimum sentence. Courts treat home break-ins very seriously, while break-ins at businesses or garages are often sentenced less severely.

Since July 15, 2026, courts must give primary weight to denunciation and deterrence for a second or later break and enter conviction. In addition, a sentence for violent or organized auto theft must be served on top of a sentence for a related break and enter.

Related charges

• Being unlawfully in a dwelling-house (s. 349): Entering or being in a home without lawful excuse, with the intent to commit an indictable offence, which carries up to 10 years.
• Possession of break-in instruments (s. 351): Having tools for breaking into a place, without lawful excuse.
• Possession of stolen property: This is often laid when property from a break-in is found. See possession of stolen property.

Possible defences

• Identity: Fingerprints, video and witness evidence must clearly link you to the break-in.
• No intent: The presumption of intent can be rebutted with evidence to the contrary.
• Permission: You had permission to be in the place, from someone entitled to give it.
• Charter issues: Police may have breached your rights during the search or arrest.

Effects beyond the sentence

Because break and enter carries a maximum of 10 years or more, a conviction can make a permanent resident inadmissible for serious criminality. After a conviction for breaking into a home, a DNA order is usually required, while for other places the judge has discretion to order one.

Possible outcomes

What to do now

• Do not speak to police about the allegation before you receive legal advice.
• If you are held in custody, start lining up a surety and a release plan right away.
• Do not contact co-accused or witnesses, directly or through other people.
• Keep any proof that you had permission to be in the place.

Home invasions

When a home was occupied at the time of a break and enter, and the person charged knew or was reckless about that fact and used violence or threats against someone inside, the court must treat this as an aggravating factor at sentencing (s. 348.1). These cases are often called home invasions, and they usually lead to significantly longer sentences than break-ins of empty homes.

How we can help

We can prepare a release plan for a reverse onus bail hearing and carefully test the identification evidence. Call (647) 223-1980 for a free consultation.

Frequently asked questions