Break, enter and theft is #9 in the Pardon Services Canada list of top 10 reasons our clients are requesting a Record Suspension. According to the Parole Board of Canada, 842 files out of 19,870 (top 10 total) were found guilty of Break, Enter and Theft, applied for a Pardon or Record Suspension in 2013. This also makes break and enter one of the 10 most common offences the Parole Board of Canada received pardon and record suspension applications for.
Covered under section 348 of the criminal code, people can be punished either for a summary or indictable conviction depending on where they committed the offence. Section 348 (1) (d) states that a person can be liable to imprisonment for life if they committed an offence in relation to a residence, but section 348 (1) (e) states that the person can be liable to imprisonment for a maximum of ten years under an indictable conviction, or punished on summary conviction if the offence was committed in other places.
Break and enter and theft does not exist in the current criminal code. Revised in 1985, the criminal code states that a person can be charged under break, enter with intent, commit and break out. So if a person commits break and enter and theft today, the person’s charge will be break and enter and commit. Even though this criminal charge no longer exists, 4% of the top 10 list of pardon or record suspension applicants have this record. This also indicates that many of the applicants committed the offence quite some time ago.
A common theme is people breaking into businesses or homes to steal items to sell so that they can afford a drug habit. There are of course other reasons behind break and enter offences. For example, divorced couples who do not live together any longer may still have access to the formerly shared home. If a partners enters the premises to take something, he or she can be charged with break and enter, and commit (which used to be break, enter and theft). If a person goes to a liquor store and finds that the store is closed but they enter the store since the door is unlocked, they can be charged with break and enter even if they leave payment for the alcohol that is taken. In other cases, not thinking of the rules around lawful entry, may result in charges. For example, if a person visits a friend’s house when the friend is not present and takes that person’s belongings, break and enter and commit charges can be laid.
The good news is that people can apply for a record suspension after the mandatory waiting period. If you have a break and enter offence on your criminal record, you can speak to a Pardon Services Canada Client Advisor to learn more.
Click here to see #10 of the top 10 reasons people request a record suspension.