Canadian Criminal Sentencing/Offences/Forceable Entry

Forceable Entry Legislation Forcible entry 72. (1) A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace. Matters not material (1.1) For the purposes of subsection (1), it is immaterial whether or not a person is entitled to enter the real property or whether or not that person has any intention of taking possession of the real property. Forcible detainer (2) A person commits forcible detainer when, being in actual possession of real property without colour of right, he detains it in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person who is entitled by law to possession of it. Questions of law (3) The questions whether a person is in actual and peaceable possession or is in actual possession without colour of right are questions of law. R.S., 1985, c. C-46, s. 72; R.S., 1985, c. 27 (1st Supp.), s. 10; 1992, c. 1, s. 60(F). Punishment 73. Every person who commits forcible entry or forcible detainer is guilty of (a) an offence punishable on summary conviction; or (b) an indictable offence and liable to imprisonment for a term not exceeding two years. R.S., 1985, c. C-46, s. 73; R.S., 1985, c. 27 (1st Supp.), s. 11; 1992, c. 1, s. 58. CCC Application Ancillary Orders s. 110 firearms prohibition (discretionary) Ranges See Also Canadian Criminal Sentencing/Offences/Break and Enter Forceable Entry