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Charges · Break and enter · Ontario

What happens after a break and enter charge in Ontario?

What it means, what usually happens next, and what to bring to the first call.

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By Ali Sheikh, Remandly (founder, not a lawyer) · Published under a standard reviewed by an Ontario-licensed criminal lawyer, called to the bar in 2017.

Last reviewed September 22, 2026 · Updated October 15, 2026

In short

  • A home is treated far more seriously than a business or a garage: break and enter of a dwelling-house can only go by indictment.
  • In Ontario, a break-and-enter case starts in the Ontario Court of Justice; in Toronto most criminal court operations sit at 10 Armoury Street.
  • The person may be held for a bail hearing, especially if it was a home.

What usually happens next

  1. Step 1

    Arrest and the station You have the right to talk to a lawyer in private. You do not have to answer police questions.

  2. Step 2

    Police decide Police can release you with conditions and a court date, or hold you for a bail hearing.

What should you bring to the first call?

How it works in Ontario

Which court hears it in Ontario

An Ontario break-and-enter charge begins in the Ontario Court of Justice. In Toronto, 10 Armoury Street amalgamated six Ontario Court of Justice criminal courthouse locations.

Bail in Ontario

If someone is held after an Ontario break-in, the Crown’s D. 24 ladder approach still applies, and a surety is not supposed to be automatic.

Programs and diversion in Ontario

Ontario prosecutors can refer offences other than the excluded ones to a community justice program under D. 4, where a conviction is reasonably likely; whether a break-in is referred depends on the facts and the prosecutor.

The local process in Ontario

Ontario’s Victim/Witness Assistance Program serves victims and witnesses in all 54 court districts. Legal Aid Ontario pays for a lawyer on a charge that could mean jail, for those who qualify.

What do people ask about break and enter charges?

Do I have to talk to the police?

No - a person does not have to answer police questions, and anyone arrested or detained has the right to speak to a lawyer, and police must tell them that.

What is the maximum penalty for break and enter?

Under s. 348 of the Criminal Code, break and enter of a dwelling-house is an indictable offence with a maximum of life imprisonment; of any other place, up to ten years by indictment, or summary.

Sources

Federal law sources

Free 24/7 criminal law information · not legal advice. Legal Aid Ontario: 1-800-668-8258

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