Legal Project Management Plan & Checklist
How to defend a Break and Enter charge involving a non-dwelling when the Crown elects summarily.
What is the limitation period for summary break and enter?: Under section 786(2) of the Criminal Code, there is a strict 12-month limitation period for the Crown to elect to proceed summarily on a non-dwelling break and enter charge. This runs from the date of the offence.
Can you waive the summary limitation period?: Yes, under section 786(2.1), the accused can explicitly consent to waive the 12-month limitation period. Defence counsel may do this strategically to access the lower summary conviction maximum penalties rather than facing indictment.
What happens if it's a non-dwelling?: Breaking into a place other than a dwelling-house is a hybrid offence under section 348(1)(e). If the Crown elects to proceed by summary conviction, the maximum penalty is 2 years less a day.
Jurisdiction: Provincial Court of Justice.
The Process at a Glance: Counsel must immediately calculate the 12-month limitation clock from the offence date. If the Crown attempts to elect summarily out of time, counsel must object on the record unless a strategic waiver is signed. The matter proceeds in provincial court without a preliminary inquiry.
Key Legislation and Case Law: Governed by section 348(1)(e) (Non-Dwelling) and section 786(2) (Limitation Period) 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 (Summary 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.
For hybrid offences under s. 348(1)(e), if the Crown elects to proceed summarily, a strict 12-month limitation period applies pursuant to s. 786(2) Criminal Code. The accused may waive this period under s. 786(2.1) to retain the benefit of lower summary sentencing maximums.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
The Crown's election must be unequivocal and placed on the record. Without an election, the offence is deemed to be indictable for the purposes of the Charter and bail.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
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.
Under s. 738 Criminal Code, a court may order an offender to make restitution to a person to cover their readily ascertainable loss. Defence counsel should demand strict proof of the quantum of loss.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
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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