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.
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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.
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