The Criminal Code of Canada defines Forcible Entry as:
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.
(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.
What is the Punishment for Forcible Entry?
73. Every person who commits forcible entry or forcible detainer is guilty of
(a) an offence punishable on summary conviction (maximum 6 months’ jail and/or $5,000 fine); or
(b) an indictable offence and liable to imprisonment for a term not exceeding two years.
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