Canadian Criminal Law/Offences/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.

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See Also

• Canadian Criminal Law/Offences/Break and Enter
• Canadian Criminal Law/Offences/Unlawfully in a Dwelling