Criminal Code (R.S.C., 1985, c. C-46)

Marginal note: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.

• Marginal note: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.

• Marginal note:Forcible detainer

  (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.

• Marginal note: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.