Legal Information/ Legal Briefs
Legal Briefs
Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.
Legal Briefs 2022
March
Breaking and entering
Remy and his friends decide to meet in an old dilapidated building to party. They climb the fence, rip off the plywood covering the door and party into the wee hours of the morning.
The next day, Remy and his friends are awakened by the police who had been alerted by the neighbours about the presence of young people prowling around. It seems that after several drinks, Remy broke a window of the old building in order to impress his friends. However, Remy is much less proud of what he did once a police officer informs him that they will be charged with breaking and entering a place other than a dwelling house and committing an indictable offence therein (section 348(1)(b)(e) of the Criminal Code).
A building does not have to be occupied for it to be illegal to enter it.
Breaking and entering covers several locations specified in the Criminal Code, namely:
- a dwelling-house;
- a building or structure or any part thereof, other than a dwelling-house;
- a railway vehicle, a vessel, an aircraft or a trailer; or
- a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.
Remy and his friends would have been better off partying at the house of someone they knew.
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Legal brief *
March
2022
Number
3
Text prepared by Me Nicolas Gagnon, baj chicoutimi
Update by CSJ
* The information set out in this document is not a legal interpretation.
The masculine is used to designate persons solely in order to simplify the text.
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