Possession of break-in instrument
351 (1) Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Disguise with intent
(2) Every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.
Annotations | French
- Section 351
- The term “motor vehicle” is defined in s 2.
- The term “possession” is defined in s 4(3).
- This provision requires proof of the following elements: (i) the accused was in possession of the instruments; (ii) the instruments must be suitable for breaking into a place, motor vehicle, vault, or safe; and (iii) the instruments must be found in circumstance that give rise to a reasonable inference that the accused intended to use them for one of the listed purposes. R. v. Holmes, 1988 CanLII 84 (SCC), [1988] 1 SCR 914 at para 921.
- The Crown does not need to prove that the accused was targeting a specific motor vehicle. However, such evidence would be a significant factor in determining if the circumstances give rise to a reasonable inference that the accused intended to use the instruments to break into the motor vehicle. R v K. (S.), 1995 CanLII 1601 (BC CA)