Entrance
350 For the purposes of sections 348 and 349,
(a) a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and
(b) a person shall be deemed to have broken and entered if
(i) he obtained entrance by a threat or an artifice or by collusion with a person within, or
(ii) he entered without lawful justification or excuse by a permanent or temporary opening.
Annotations | French
- Section 350
- For the purposes of subsection 350(b)(i), the term “artifice” means “a stratagem or manoeuvre”. For instance, following closely behind a car that is lawfully entering a parking garage is considered entering by artifice. Likewise, lying or deceiving someone to gain entry to a place can constitute an “artifice” (R v Leger (1975), 28 CCC (2d) 480 (Co Ct), aff’d (1976) 31 CCC (2d) 413 (CA); R v Kane, 1999 CarswellOnt 3493 (SC)).
- For the purposes of s 350(b)(i), the term “collusion” includes an agreement with a person who is lawfully within a place to provide access for an unlawful purpose (R v SK, [1997] OJ No 2321 (Ct J (Prov Div)).
- For the purposes of s 350(b)(ii) entering “without lawful justification or excuse” does not include entering a public place with the intent to commit an offence. For instance, a person entering a retail store during business hours with the intent to steal merchandise cannot be charged with breaking and entering (R v Farbridge, 1984 ABCA 301).