Legal Project Management Plan & Checklist
How to defend a Break and Enter charge involving a non-dwelling when the Crown elects by indictment.
What is the penalty for indictable non-dwelling break and enter?: Under section 348(1)(e) of the Criminal Code, if the Crown elects to proceed by indictment for breaking into a place other than a dwelling-house, the maximum penalty is 10 years imprisonment.
Is there a limitation period for indictable break and enter?: No. Because the Crown has elected to proceed by indictment, there is no statutory limitation period. The 12-month limit under section 786(2) only applies to summary conviction proceedings.
Can I have a preliminary inquiry for this charge?: No. Following amendments via Bill C-75, preliminary inquiries under section 535 are strictly restricted to offences carrying a maximum penalty of 14 years or more. Since the maximum is 10 years, no preliminary inquiry gateway is available.
Jurisdiction: Provincial Court or Superior Court of Justice, subject to the accused's election under section 536(2).
The Process at a Glance: The Crown formally elects by indictment on the record. The Accused must then elect their mode of trial under section 536(2). Counsel prepares the defence strategy, focusing on rebutting the presumption of intent under section 348(2), and proceeds directly to trial preparation without a preliminary inquiry.
Key Legislation and Case Law: Governed by section 348(1)(e) (Non-Dwelling - Indictment), section 536(2) (Election), and section 535 (Preliminary Inquiries) of the Criminal Code.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Criminal Law: Break and Enter Defence - Non-Dwelling (Indictable Election) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Criminal Defence process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
An indictable conviction under s. 348(1)(e) carries a 10-year maximum. For non-citizens, this constitutes 'serious criminality' under s. 36(1)(a) Immigration and Refugee Protection Act (IRPA), leading to mandatory deportation.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Section 348(1)(e) limits the maximum penalty to 10 years for a non-dwelling break and enter proceeding by indictment, which significantly impacts secondary legal considerations compared to the dwelling-house life maximum.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Following Bill C-75 amendments to s. 535 Criminal Code, preliminary inquiries are restricted to offences with a maximum penalty of 14 years or more. Since non-dwelling break and enter carries a 10-year maximum, the preliminary inquiry gateway is legally unavailable.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Proper notice for Charter applications is mandatory. Failure to provide 30 days notice under the Rules can result in the summary dismissal of the application.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
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