Break and Enter (B&E) is considered one of the most serious property crimes in Canada. In Winnipeg, breaking into a residential home (a “dwelling house”) is a strictly indictable offence with a maximum penalty of life in prison, while breaking into a commercial property carries a maximum of 10 years.
Finding out you are being investigated or have been arrested for Break and Enter in Manitoba can send your life into a tailspin. 😰 Many people mistakenly believe that Break and Enter is simply a fancy legal term for theft or trespassing. However, under the Canadian Criminal Code, a B&E is treated with extreme severity because it represents a violation of someone’s personal sanctuary and safety, rather than just a loss of property.
You do not actually need to “break” a window or kick down a door to be charged. Simply walking through an unlocked door or pushing open a cracked window without permission, with the intent to commit a crime inside (like theft or assault), fulfills the legal definition of Break and Enter. Because of the serious nature of these charges, securing a robust defence from a local law firm is absolutely critical to avoid spending years behind bars.
Step-by-Step Process in Winnipeg
The justice system aggressively prosecutes B&E charges. Whether the incident occurred at a warehouse in St. James or a house in River Heights, the procedural steps in Winnipeg follow a strict path.
Step 1: Arrest and Bail Hearing
If you are caught in the act or identified later via CCTV, the Winnipeg Police will arrest you. Because Break and Enter is generally an indictable offence, you will likely be held in custody for a formal bail hearing. 🏛 Your lawyer will need to convince a judge at the Winnipeg Law Courts that you will not re-offend and will attend all court dates if released.
Step 2: Crown Disclosure and Strategy
Once released, your lawyer will obtain the Crown Prosecutor’s disclosure package. This includes fingerprint analyses, witness testimonies, and police reports. The defence strategy heavily depends on whether the Crown can prove your intent. If you were heavily intoxicated and stumbled into the wrong house thinking it was your own, your lawyer may argue you lacked the specific intent to commit an indictable offence.
Step 3: Court Election
For serious B&E charges, you have the right to “elect” (choose) how you want to be tried. 📝 You and your lawyer can choose to have your trial in the Manitoba Provincial Court before a judge alone, or you can escalate it to the Court of King’s Bench to be tried by a judge and jury.
Step 4: Trial or Plea Negotiation
If the evidence against you is overwhelming, your lawyer may negotiate a plea deal. For example, they might convince the Crown to drop the B&E charge to simple “Mischief” or “Theft” to secure a much lighter sentence. If no deal is reached, your lawyer will fiercely defend your innocence at trial.
How Much Does it Cost in Winnipeg?
Defending against an indictable offence requires extensive preparation, and legal fees reflect the high stakes involved.
- Bail Hearing: Securing release on a serious B&E charge usually requires a contested bail hearing, costing roughly $2,000 to $4,000 CAD.
- Pre-Trial Resolution: If your lawyer can negotiate a plea deal or have the charges reduced before trial, expect block fees between $4,000 and $8,000 CAD.
- Trial at Court of King’s Bench: If your case proceeds to a full trial with a judge and jury, the preparation is immense. Legal fees can easily range from $15,000 to $35,000+ CAD.
- Legal Aid: If you face potential jail time and have a low income, you are highly likely to qualify for Legal Aid Manitoba to cover these costs.
| Type of Break & Enter | Target of Offence | Maximum Penalty in Canada |
|---|---|---|
| Dwelling House | Residential homes, apartments, hotel rooms. | Life in prison (strictly indictable). |
| Non-Dwelling | Commercial stores, sheds, warehouses, schools. | 10 years in prison (indictable) or less (summary). |
| Home Invasion | B&E combined with violence or weapons against residents. | Life in prison (often attracts severe sentences). |
How Long Does the Process Take?
The timeline for a Break and Enter case is rarely short. Because of the severe penalties, defence lawyers take the time necessary to properly evaluate evidence and negotiate.
If the case is resolved early through a plea bargain in Provincial Court, it may wrap up in 6 to 9 months. However, if you choose to have a preliminary inquiry followed by a jury trial at the Court of King’s Bench, the entire process can stretch from 18 to 30 months before reaching a final verdict.
Frequently Asked Questions (FAQ)
Is it still a Break and Enter if I didn’t steal anything?
Yes. The crime of Break and Enter is complete the moment you illegally enter the premises with the intent to commit a crime. Even if you get scared and run away before touching a single item, you can still be fully charged and convicted.
Can I get house arrest for a Break and Enter in Manitoba?
It is possible, but difficult. A Conditional Sentence Order (house arrest) may be available if you broke into a non-dwelling (like an empty shed) and have no prior criminal record. However, Canadian law generally prohibits house arrest if you break into a residential dwelling house.
What if the door was wide open when I walked in?
Under the Canadian Criminal Code, the definition of “breaking” includes simply entering without lawful justification through an open door or window. You do not have to physically break a lock or smash glass to be charged with B&E.
What is the difference between Break and Enter and Trespassing?
Trespassing is usually a minor provincial offence (a ticketable fine) for simply being on someone’s property without permission. Break and Enter is a federal criminal offence because it involves entering a structure specifically intending to commit another crime (like theft or mischief) once inside.
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