Once a bail hearing is conducted and bail is either granted or denied, one must apply for a bail review in order to have a review of the release or detention order. The provincial court does not deal with the bail review; it is heard by a Superior Court of Justice judge. On a bail review, the judge will review the transcript of the initial bail hearing, along with materials filed and any new evidence presented. The role of the bail review judge is to determine if the lower court made an error or if there has been a material change in circumstances, such that the accused™s detention (or release) is justified.
Generally, Break and Enter charges relate to residential homes or commercial places of business. The offence involves the accused entering into a place with the intention of committing an indictable offence.
In spite of what the name suggests, one need not break or force entry to be charged with this criminal offence. Indeed, walking through an open door has been held to constitute a Break and Enter. Moreover, a conviction is not contingent upon any damage to the property entered.
Break and Enters are generally committed by people attempting to steal property. By doing so, they commit the indictable offence of Theft while Breaking and Entering. If an accused does not have the intention to commit an indictable offence, but unlawfully enters a premise, he or she may be committing other offences in the Criminal Code.