It is a criminal offence in Canada to seize a stolen property. This offense is typically referred to as “possession of stolen property” and is prosecuted under Section 354 of the Criminal Code, which mentions
“Everyone commits an offence who has in his ownership any kind of property or thing or any type of profits of any building or trait understanding that all or part of the home or the profits was obtained by or derived directly or indirectly from the commission in Canada of an offence punishable by indictment; or an act or non-inclusion anywhere that, if it had occurred in Canada, would certainly have comprised an offense culpable by indictment.”
Breaking and Entering
“Breaking and entering” is another type of property criminal law charge. There are 2 kinds of breaking and entering: breaking and entering into a “dwelling residence” as well as breaking and entering right into a place aside from a “dwelling house.” The only distinction in between the two is the location where the offense happened and also the optimal penalty upon conviction.
The offense of breaking and entering right into a dwelling home is related to breaking and entering into private properties. It is the much more serious of the two for noticeable reasons. As a matter of fact, breaking and entering right into a dwelling home can just be prosecuted by charge and also carries a maximum sentence of life jail time, whereas breaking and entering into a location other than a dwelling home can be prosecuted peremptorily or by charge and also carries a maximum sentence of 10 years jail time.
To commit the offense of breaking and entering, it is not necessary to “break” anything or “burglarize” anything. It is enough simply to enter premises without lawful excuse. That includes going into properties through an unlocked or open door without any warning or anything.
The term “home invasion” does not show up anywhere in the criminal code of Canada, yet is a term used to describe an annoying condition with respect to breaking and entering and specific other offences. In the context of breaking and entering, a home invasion is a splitting as well as entering in relation to a home residence where the transgressor gets in the house knowing at the time of commission of the offense that there were individuals in the home.
Our Toronto criminal law firm is specialized in helping you defend your rights in property invasion cases. You can easily book your appointment by emailing or calling us.