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dlp_qc
  
location:
Québec cité
Gender: Male
What have you learned today ?
 |  | Criminal Code in Canada
< on 2/19/2006 6:07 PM >
|  | | | It's always a good idea to show the "bad consequence" that can happen because of our type of activity, dependently your moral or ethic, here is the law about "Breaking and Entering" but take note it's only about "breaking" if you doesn't break anything, you won't be charge in criminals.
It's I think the better argument against, thief, vandals or "breaking in".
PS: If someone could find information about violation of property or something like that, so we could know what happen when you enter a private property without breaking or steal anything, it would be appreciated.
http://lois.justic...0.html#Section-348
Breaking and Entering
Breaking and entering with intent, committing offence or breaking out
348. (1) Every one who;
(a) breaks and enters a place with intent to commit an indictable offence therein,
(b) breaks and enters a place and commits an indictable offence therein, or
(c) breaks out of a place after
(i) committing an indictable offence therein, or
(ii) entering the place with intent to commit an indictable offence therein,
is guilty
(d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and
(e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.
Presumptions
(2) For the purposes of proceedings under this section, evidence that an accused
(a) broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or
(b) broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after
(i) committing an indictable offence therein, or
(ii) entering with intent to commit an indictable offence therein.
Definition of “place”
(3) For the purposes of this section and section 351, “place” means
(a) a dwelling-house;
(b) a building or structure or any part thereof, other than a dwelling-house;
(c) a railway vehicle, a vessel, an aircraft or a trailer; or
(d) a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.
R.S., 1985, c. C-46, s. 348; R.S., 1985, c. 27 (1st Supp.), s. 47; 1997, c. 18, s. 20.
Possession of break-in instrument
351. (1) Every one who, without lawful excuse, the proof of which lies on him, has in his possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for any such purpose, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Disguise with intent
(2) Every one who, with intent to commit an indictable offence, has his face masked or coloured or is otherwise disguised is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
R.S., 1985, c. C-46, s. 351; R.S., 1985, c. 27 (1st Supp.), s. 48.
[last edit 2/19/2006 6:07 PM by dlp_qc - edited 1 times]
« Vaincus dans la lutte, ils triomphèrent dans l'histoire. » - Alfred Laliberté |
|
J Peterman
     
location:
Victoria B.C.
I'm going hunting for mysteries, cover me.
| | Re: Criminal Code in Canada
<Reply # 1 on 2/20/2006 4:11 AM >
| | | | What about popping manholes, or being caught in a storm drain/sewer???
I'm going hunting for mysteries, cover me. |
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Yehoshua
 
location:
Ontario
Gender: Male
| | Re: Criminal Code in Canada
<Reply # 2 on 2/20/2006 5:28 AM >
| | | | Note that the disguise law only applies to indictable offences, and "break and enter" requires an intent to commit an indictable offence inside (robbing the place, arson, etc).
I've broken the law during UE, but only through summary offences, anyone committing indictable offences...well, you're a dumbass
Our Citizen.
Our Justice.
Bring Omar Khadr back to Canada. |
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j0lt
location:
Kobe, Japan
Gender: Male
| |  | Re: Criminal Code in Canada
<Reply # 3 on 2/21/2006 12:32 AM >
| | | | From what I understand, the line between tresspass and B&E is if you have to move a door or window even one inch to gain entry, it's considered B&E.
j0lt: Larger than life and twice as ugly! |
|
J Peterman
location:
Victoria B.C.
I'm going hunting for mysteries, cover me.
| | Re: Criminal Code in Canada
<Reply # 4 on 2/22/2006 7:57 PM >
| | | | So is opening a manhole and jumping down into a storm sewer breaking and entering? or trespassing or both? Or does it fall into some completely separate category in the criminal code?
I'm going hunting for mysteries, cover me. |
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dlp_qc
location:
Québec cité
Gender: Male
What have you learned today ?
| | Re: Criminal Code in Canada
<Reply # 5 on 2/22/2006 8:09 PM >
| | | | I think I found what you want to know;
http://laws.justic...-c.1134/38130.html
6. No person shall
(a) trespass,
(b) deposit refuse or other matter,
(c) fish,
(d) bathe, or
(e) wash any person, article or thing
in or upon any area in a park that has been designated by the superintendent and marked by appropriate signs as a source of water supply. SOR/88-38, s. 7(F); SOR/93-165, s. 3; SOR/2001-320, s. 20(F).
and about manhole if should be somewhere in there http://laws.justic...r-90-97/32823.html
« Vaincus dans la lutte, ils triomphèrent dans l'histoire. » - Alfred Laliberté |
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NoSuchPerson
Stop, or I'll ask you again!
| | Re: Criminal Code in Canada
<Reply # 6 on 2/22/2006 10:38 PM >
|  | | | To be charged with B&E, you don't have to actually "break" anything. They just have to prove you had malicious intent, or that you committed an offence.
There's an act called the "Public Works Protection Act" or something like that - it covers manholes, drains and such.
Unit calling radio say again? |
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Trav70
location:
North Bay, Ontario
Gender: Male
| | Re: Criminal Code in Canada
<Reply # 7 on 2/25/2006 4:23 AM >
| | | | I'll second the stuff about not having to "break" anything to be charged with B&E.
When I was young and a lot less wise than I am now, myself and some friends entered a location through some unlocked windows. Just slid them up and climbed in, no breaking, forcing, or anything. I'll spare you the gory details, but somehow someone (who wasn't involved in our adventure) found out and ratted us out to the owners of the property. Next thing I know, I'm riding in a police car down to the station, and charged with Break and Enter with intent to commit indictable offence. I was informed at that time by the police that opening a closed window, locked or not, was grounds to be charged with B&E. My lawyer seemed to agree with their assessment. (As an aside, even though I had no intention of committing any offense while inside, the law makes it clear that you're presumed to have intent unless you have proof otherwise. Just telling them that you weren't going to do anything isn't considered proof of lack of intent.)
In the end, it was recommended that we plead guilty, which we did. We were sentenced to one year of probation and 100 hours of community service. Luckily, since we were Young Offenders at the time (we were 17), our criminal records were eventually sealed.
Just goes to show you that what I thought I knew about the law was actually quite different from the reality.
That whole episode seriously curtailed my UE'ing for about 3 years (until I got to University, where the lure of tunnels, etc.. was strong enough to overcome my paranoia about further arrests.)
I think the bottom line is this: most laws are intentionally vague, enough so that police can charge just about anyone with some sort of offence if they really want to. The trick (apart from not getting caught) is to not make them want to charge you.
Disclaimer: I'm not a lawyer, this is only my own personal experience with the law. It has left me VERY paranoid. But I still UE every now and again anyway.
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