In fact, walking through an open door has been held to constitute “Breaking and Entering”.

The offence of Breaking and Entering often involves a person entering into a place with the intention of committing an indictable offence, such as to steal property. In those cases, the accused my be charged with committing the indictable offence of Theft while Breaking and Entering. If an accused does not have the intention to commit an indictable offence, but unlawfully enters a premise, he or she may be charged with committing additional offences under the Criminal Code.

Consequences of a Breaking and Entering Conviction:

Under the Criminal Code, a conviction for Break and Enter into a dwelling house (i.e., a home where people live) carries a maximum possible penalty of life imprisonment. A conviction for Break and Enter into commercial or non-residential buildings carries a maximum possible penalty of 10 years imprisonment.