Under Canadian law, the charge of “break and enter” specifically prohibits a person from the: following a) Breaking and entering a place with intent to commit an indictable offence therein b) Breaking and entering a place and commits an indictable offence therein c) Breaks out of a place after committing an indictable offence therein or entering the place with intent to commit an indictable offence. Generally, if a person only breaks and enters, or attempts to break and enter into a place, that is not enough to find them guilty of the offence. The Crown must also prove there was intent to commit an indictable offence. Indictable offences are more serious and carry higher penalties, including imprisonment for life. Summary offences are considered less serious, where the maximum sentence is up to six months in jail. Most offences are “hybrid”, meaning the Crown Attorney has the discretion to proceed with the charge as an indictable offence or a summary offence. However, section 348(2) of the Criminal Code creates a presumption that unless the accused provides evidence to the contrary, the break and entering into a place or the attempt to break and enter into a place is proof that it was done so with intent to commit an indictable offence therein. A breaking and entering into a place is not limited to just a house or a building. A person can break and enter into any enclosed area. That can include places such as a tent, or a trailer. A home invasion would fall under the offence of “break and enter into a ‘dwelling house’ with the intent to commit an indictable offence. “Dwelling” usually refers to a house, apartment, or a garage. This type of offence is considered extremely serious, especially if the residents are present at home during the break and enter into a dwelling. A home invasion is a straight indictable offence.