INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the punishment for committing forcible entry or forcible detainer - either a summary conviction or an indictable offence with a maximum sentence of two years imprisonment.

SECTION WORDING

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.

EXPLANATION

Section 73 of the Criminal Code of Canada deals with two related but distinct offences: forcible entry and forcible detainer. Forcible entry occurs when someone enters or attempts to enter property without the owner's consent, and in doing so, they use force or threaten to use force against the owner or anyone else on the property. Forcible detainer occurs when someone who is already on a property, whether lawfully or unlawfully, refuses to leave when asked to do so by the owner or the person lawfully in charge of the property. In both cases, the key factor is the use or threat of force. This section of the Criminal Code of Canada makes it clear that anyone who commits either of these offences is guilty of a criminal offence. If the offence is committed with less serious circumstances or consequences, the offender may be charged with a summary offence, which is less serious and usually carries a lesser penalty. If the offence is more serious or the consequences are more severe, the offender may be charged with an indictable offence and can face a more severe term of imprisonment. Forcible entry and forcible detainer are considered serious offences because they involve a violation of someone's property rights and, more importantly, the use or threat of force against them. These offences are taken seriously by the Canadian legal system, and anyone found guilty of them can face potential imprisonment and a criminal record, which can have serious consequences for their future. It is therefore important for everyone, whether they are property owners, tenants, or just visiting someone else's property, to respect the property rights of others and to avoid using or threatening to use force in any circumstance.

COMMENTARY

Section 73 of the Criminal Code of Canada deals with the offences of forcible entry and forcible detainer. This section provides legal guidelines on what constitutes criminal charges of these two offenses, and the penalties that may apply upon conviction. Forcible entry is a situation where an individual forcefully enters a property or premises with or without damaging or breaking any barriers to gain access. In contrast, forcible detainer refers to a situation where a person who has lawful entry to a property or premises is forcefully evicted or removed by another person. Under this section of the Criminal Code, any individual who commits these offenses is liable to be charged either with an indictable offence or an offence punishable on summary conviction. In general, the penalty for an indictable offence is more severe than that of a summary offence. If an offender is found guilty of an indictable offence, then they can receive prison time, the length of which should not exceed two years. However, if they are found guilty of a summary conviction offence, the maximum penalty is a monetary fine of up to five thousand dollars or incarceration for up to six months, or a combination of these penalties. It is important to understand that the conduct constituting these offenses might not always be visibly violent. Sometimes, threats, coercion, or the use of weapons to intimidate and force entry or detainer may suffice. In such cases, the accused may be liable under this section of the Criminal Code. The purpose of this section is to protect individuals' rights to peaceful enjoyment and lawful possession of their properties. It establishes the legal boundaries between lawful and unlawful entry and the consequences of violating these boundaries. Moreover, it highlights the importance of respecting someone's right to possession. Furthermore, this section provides an avenue for legal recourse to individuals unfairly subjected to forcible entry or detainer. By criminalizing these acts, the law seeks to deter potential offenders from engaging in these activities or engaging in them in the future. Additionally, securing a conviction under this section will grant compensation to the aggrieved parties and keep others from engaging in similar acts. Moreover, section 73 plays an essential role in shaping the Canadian community's safety and functioning. This provision of the Criminal Code helps preserve the privacy and peace of any individual or business that owns a property or premises. It also protects the lives of people who live and work within such premises. In conclusion, Section 73 of the Criminal Code of Canada serves as a legal safeguard to protect an individual's property rights and maintain peace. It sets out a clear boundary between lawful and unlawful entry and establishes the penalties for violating these boundaries. This law detours potential offenders and provides legal compensation to the aggrieved parties. It creates a sense of security among Canadians and maintains the safety and functioning of the community.

STRATEGY

Forcible entry and forcible detainer are serious offences that can result in imprisonment for up to two years if convicted on indictment. As such, there are several strategic considerations that individuals must make when dealing with this section of the Criminal Code of Canada. The following paragraphs will outline some of those considerations and the strategies that can be employed to mitigate the risk of being charged and convicted of this offence. One of the first strategic considerations is to be aware of what constitutes forcible entry and forcible detainer under the Criminal Code. Forcible entry occurs when a person enters into a property without the consent of the lawful occupant. This can include breaking into a property, using force to enter, or entering through deception. Forcible detainer, on the other hand, involves remaining on a property without the lawful occupant's consent. Strategies to avoid these charges include understanding property rights and consulting with a lawyer before entering a property in question. Another strategic consideration is to avoid any actions involving force or violence. The use of force in any form, including verbal threats, can result in criminal charges and a conviction for this offence. Strategies to avoid these charges include seeking a legal remedy to any property disputes, avoiding confrontational situations, and using mediation to resolve disputes. Another strategic consideration is avoiding actions that could be interpreted as forcible detainer or entry. This includes actions such as changing the locks on a property or restricting access to the lawful occupant. Strategies to avoid these charges include seeking legal advice before taking any action concerning the property, seeking mediation to resolve disputes, and ensuring that any changes made to the property do not restrict access to the rightful occupant. Finally, it is crucial to be aware of the potential consequences of a conviction for this offence. Forcible entry and forcible detainer are serious crimes that can result in a criminal record, a fine, or imprisonment. As such, it is crucial to do everything possible to avoid this offence. Strategies that can be employed to mitigate this risk include seeking legal advice as soon as possible when facing property disputes, avoiding confrontational situations, and working towards an amicable resolution to any disputes. In conclusion, there are several strategic considerations to keep in mind when dealing with Section 73 of the Criminal Code of Canada. These include avoiding the use of force or violence, avoiding actions that could be interpreted as forcible entry or detainer, being aware of the potential consequences of a conviction, and seeking legal advice as soon as possible. Employing these strategies can help mitigate the risk of being charged and convicted of this offence and help to maintain a lawful a peaceful resolution to any disputes.

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