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- Criminal Code section 72.(1)
§ Forcible entry
- Offences Against Public Order
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Placeholder.
Forcible entry
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.
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.
R.S., 1985, c. C-46, s. 72; R.S., 1985, c. 27 (1st Supp.),
s. 10; 1992, c. 1, s. 60(F).
Punishment
73. Every person who commits forcible entry or forcible detainer is
guilty of
- an offence punishable on summary conviction; or
- an indictable offence and liable to imprisonment for a term not
exceeding two years.
R.S., 1985, c. C-46, s. 73; R.S., 1985, c. 27 (1st Supp.),
s. 11; 1992, c. 1, s. 58.