Is Breaking And Entering A Felony In Canada?

A “felony” is a classification of crime in the United States. In Canada, there are three classifications of crime:

  • Summary Conviction Offences: The least serious offences, such as minor theft or mischief.
  • Indictable Offences: More serious crimes, such as murder or aggravated assault.
  • Hybrid Offences: These allow the Crown to choose how to proceed—either by summary conviction or indictment—depending on the specific facts and circumstances of the case.

If the premise in question is a “dwelling house,” the offence is classified as a straight indictable offence. If it is not a dwelling house, the offence becomes a hybrid offence, giving the Crown discretion to proceed by summary conviction or indictment.


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