section 98(2)

INTRODUCTION AND BRIEF DESCRIPTION

The definition of break and place for the purposes of section 98 are given.

SECTION WORDING

98(2) In this section, "break" has the same meaning as in section 321, and "place" means any building or structure or part of one and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

EXPLANATION

Section 98(2) of the Criminal Code of Canada is concerned with the offense of breaking and entering with intent to commit an indictable offense. The section defines the terms "break" and "place" for the purpose of interpreting this offense. According to the section, "break" has the same meaning as in section 321 of the Criminal Code, which defines "break" as any opening, whether by using force, by threat, or by any means, that allows a person to enter a place. This means that even if a person enters a place through an unlocked door or window, it could still be considered breaking and entering if they opened it in a way that was not intended or authorized. Furthermore, "place" in this context refers to any building or structure, including parts of one such as rooms or compartments, as well as any motor vehicle, vessel, aircraft, railway vehicle, container or trailer. This means that a person could be charged with breaking and entering if they enter any of these types of places with the intention of committing an indictable offense, even if they do not forcibly open any doors or windows. The offense of breaking and entering with intent to commit an indictable offense is a serious offense in Canada. It carries a maximum sentence of life imprisonment, and it is important to understand what actions constitute breaking and entering under the law. The definition of these terms in section 98(2) helps to clarify the scope of this offense and ensure that offenders are held accountable for their actions.

COMMENTARY

Section 98(2) of the Criminal Code of Canada is an important provision that defines certain key terms used in Section 98 of the Code. Section 98 deals with the offence of breaking and entering a place with intent to commit an indictable offence. This offence is punishable by up to life imprisonment and is considered a serious crime in Canada. The definition of break" in Section 98(2) is crucial in determining what acts constitute the offence of breaking and entering. According to Section 321 of the Code, break" means to break any part of the external surface of a place or to open any exterior window, door, or other aperture of a place. This definition is broad enough to cover a wide range of physical acts that involve gaining entry into a place, whether by force, stealth, or deception. The definition of place" in Section 98(2) is also noteworthy because it expands the scope of the offence beyond traditional structures like buildings and homes. Under this definition, a place" can refer to any building or structure, including parts of buildings or structures like sheds, garages, or decks. Additionally, any motor vehicle, vessel, aircraft, railway vehicle, container, or trailer can also be considered a place for the purposes of Section 98. These definitions are important because they allow prosecutors to bring charges against individuals who enter any type of structure without permission for the purpose of committing a crime. This includes not only traditional burglary scenarios where a person breaks into a home or business to steal goods, but also situations where a person enters a vehicle or other structure with the intent to commit a crime. The seriousness of this offense is reflected in the punishment range, which is up to life imprisonment. This punishment is reserved for the most serious cases, where the individual intended to commit a violent or particularly heinous crime, such as assault, sexual assault, or murder. In less serious cases, the punishment may be lighter, but a conviction can still carry significant consequences, including a permanent criminal record, restrictions on employment and travel, and difficulty applying for certain licenses or certifications. Overall, Section 98(2) of the Criminal Code of Canada is a critical provision that helps define the offence of breaking and entering. By expanding the definition of place" and clarifying the meaning of break," this section allows prosecutors to more effectively bring charges against individuals who commit this serious crime. It also serves to protect individuals and property owners from the harm and disruption that can result from unauthorized entries or thefts.

STRATEGY

Section 98(2) of the Criminal Code of Canada is an important provision that outlines the meaning of some crucial terms that are used in section 98. Section 98 criminalizes unlawfully entering and remaining in a "dwelling-house", which can include a home, apartment or other form of residence. The aim of section 98 is to protect the privacy, security, and property of individuals and groups in Canada. When dealing with section 98, there are several strategic considerations that individuals and groups may take into account. Some strategies that can be employed include the following: 1. Understanding the definition of "dwelling-house": Section 98 only applies to a "dwelling-house," so it is essential to understand what this term means. In general, it includes any residential building where someone lives or has a reasonable expectation of privacy. 2. Understanding the definition of "break": As mentioned in section 98(2), "break" carries the same meaning as in section 321. According to this section, "break" refers to damage to any part of a place that is caused for the purpose of effecting an entry. Knowledge of this definition can help people avoid engaging in criminal conduct. 3. Understanding the meaning of "place": Section 98(2) defines "place" broadly to include not only residential buildings but also motor vehicles, vessels, aircraft, railway vehicles, containers, and trailers. With this in mind, people need to be aware of the various places they visit or occupy and the legal rules that apply. 4. Knowing the exceptions to section 98: While section 98 prohibits unlawful entry and remaining in a dwelling-house, there are several exceptions provided in the Criminal Code. These include situations where someone has a lawful excuse, a right to enter the dwelling-house, or where entry is necessary for a legal purpose. Being aware of these exceptions can help people avoid being charged with an offense. 5. Engaging legal experts: Finally, if someone is facing charges under section 98, it is essential to engage legal experts who can offer advice and guidance on the best strategies to take. Experienced lawyers can provide valuable counsel on how to defend against charges, negotiate plea bargains, or explore alternative dispute resolution mechanisms. In conclusion, section 98 of the Criminal Code of Canada is a crucial provision that protects the privacy, security, and property of individuals and groups in Canada. When dealing with this section, some of the strategic considerations that people can take into account include understanding key definitions, knowing the exceptions to the provision, engaging legal experts, and being aware of the legal rules that apply. By being proactive and informed, individuals and groups can protect themselves from prosecution and uphold their rights under the law.