Fort Frances Break-and-Enter Investigation Leads to Two Arrests, OPP Say

January 12, 2026

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Charges include break and enter, alleged trafficking in stolen property, and opioid-related drug offences

FORT FRANCES — Rainy River District OPP say two people have been charged following a reported break and enter at a local business in Fort Frances.

Police report that officers were dispatched on Monday, Jan. 5, 2026, to a business in the 400 block of Scott Street.

The OPP report that multiple stolen items were recovered. The investigation involved assistance from the Rainy River District OPP Crime Unit, the OPP Community Street Crime Unit (CSCU), and the OPP Emergency Response Team (ERT) with the Canine Unit.

The two accused are expected to appear before the Ontario Court of Justice at a later date.

All charges are allegations and have not been proven in court.

Charges Laid on Two

Joshua Whalen, 40, of Fort Frances

OPP say Whalen has been charged with:

Break and enter a place to commit an indictable offence
Trafficking in property obtained by crime
Mischief — destroys or damages property
Possession of a credit card (as charged by police)

Jesse Loveday, 30, of Emo Township

OPP say Loveday has been charged with:

Possession of property obtained by crime under $5,000
Trafficking in a Schedule I substance — opioid (other than heroin)
Possession of a Schedule I substance — opioid (other than heroin)
Possession of a credit card (as charged by police)

What the Charges Mean

Break and enter typically alleges someone broke into a “place” (such as a business) with intent to commit another indictable offence inside.
Trafficking in property obtained by crime generally involves dealing in or selling property while knowing it was obtained through an indictable offence.
Mischief includes wilfully destroying or damaging property, or rendering property inoperative.
Credit card possession/use/trafficking provisions apply where a person possesses, uses, or traffics in a credit card knowing it was obtained through an offence.
Possession of property obtained by crime (under $5,000) alleges possession of stolen property valued at $5,000 or less, knowing it was obtained by crime.
Trafficking / possession of a Schedule I substance (opioid) are Controlled Drugs and Substances Act offences involving drugs listed in Schedule I.

Potential Penalties if Convicted

Penalties can vary widely based on the circumstances, prior record, the Crown’s election (summary vs. indictable where applicable), and sentencing principles.

Break and enter (place other than a dwelling-house)

If prosecuted as an indictable offence: up to 10 years imprisonment.
It can also be prosecuted by summary conviction (with the general summary maximum applying unless otherwise specified).

Trafficking in property obtained by crime

The maximum depends largely on the value of the property and how the Crown proceeds:

Where the value is more than $5,000: up to 14 years imprisonment.
Where the value is $5,000 or less: up to 5 years (if prosecuted by indictment) or summary conviction penalties may apply.

Mischief (property damage)

Mischief is a hybrid offence; if prosecuted by indictment, it can carry up to 10 years imprisonment.

Possession/use/trafficking in a credit card (as alleged)

If prosecuted by indictment: up to 10 years imprisonment.
If prosecuted summarily: general summary maximum of up to 2 years less a day and/or a $5,000 fine (unless another law sets a different limit).

Possession of property obtained by crime (under $5,000)

If prosecuted by indictment: up to 2 years imprisonment.
If prosecuted summarily: general summary maximum may apply.

Trafficking in a Schedule I substance (opioid)

Trafficking (or possession for the purpose of trafficking) in Schedule I substances is an indictable offence with a maximum of life imprisonment.

Possession of a Schedule I substance (opioid)

If prosecuted by indictment: up to 7 years imprisonment.
If prosecuted summarily, the CDSA sets lower maximums for first and subsequent offences.

How to Provide Information

Anyone with information is asked to contact the OPP at 1-888-310-1122. Anonymous tips can be provided to Crime Stoppers at 1-800-222-8477 (TIPS) or through ontariocrimestoppers.ca.