List of Straight Indictable Offences: Difference between revisions
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{{HeaderOffences}}{{LevelOne}}{{seealso|Offences by Penalty|List of Hybrid Offences|List of Summary Conviction Offences}} | {{HeaderOffences}}{{LevelOne}}{{seealso|Offences by Penalty|List of Hybrid Offences|List of Summary Conviction Offences}} | ||
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| [[Miscellaneous Offences Against Public Order|Treason]] (espionage while at war) ||47 (2)(b) or (e) and 745|| {{NA}} || {{Yes}} ||{{No}} | | [[Miscellaneous Offences Against Public Order|Treason]] (espionage while at war) ||47 (2)(b) or (e) and 745|| {{NA}} || {{Yes}} ||{{No}} | ||
|- | |- | ||
| [[Homicide (Offence)|First Degree Murder]] || 235 and 745|| 25 years without parole || {{No}} || | | [[Homicide (Offence)|First Degree Murder]] || 235 and 745|| 25 years without parole || {{No}} || {{No}}<Ref>see [[Cruel and Unusual Punishment]] and R v Bissonnette, 2022 SCC 23</ref> | ||
|- | |- | ||
|[[Homicide (Offence)|Second Degree Murder]] (with prior conviction for murder, war crimes or crimes against humanity) ||235 and 745|| 25 years without parole || {{No}} || {{No}}<Ref> | |[[Homicide (Offence)|Second Degree Murder]] (with prior conviction for murder, war crimes or crimes against humanity) ||235 and 745|| 25 years without parole || {{No}} || {{No}}<Ref>ibid</ref> | ||
|- | |- | ||
|[[Homicide (Offence)|Second Degree Murder]] ||235 and 745|| 10 years without parole || {{No}} || | |[[Homicide (Offence)|Second Degree Murder]] ||235 and 745|| 10 years without parole || {{No}} ||{{No}}<Ref>ibid</ref> | ||
|} | |} | ||
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| [[Drug Trafficking (Offence)|Drug Trafficking (Schedule I)]] ||CDSA 5|| {{NA}} || {{Yes}} || {{No}} | | [[Drug Trafficking (Offence)|Drug Trafficking (Schedule I)]] ||CDSA 5|| {{NA}} || {{Yes}} || {{No}} | ||
|- | |- | ||
<!--| [[Drug Trafficking (Offence)|Drug Trafficking (Schedule I)]], with relevant aggravating factors (crim. org., violence, weapons, prior record)<br>From March 13, 2012 To 2022 ||CDSA 5|| | <!--| [[Drug Trafficking (Offence)|Drug Trafficking (Schedule I)]], with relevant aggravating factors (crim. org., violence, weapons, prior record)<br>From March 13, 2012 To 2022 ||CDSA 5|| {{Jail1Y}} || {{No}} || {{No}} | ||
|- | |- | ||
| [[Drug Trafficking (Offence)|Drug Trafficking (Schedule I)]], with relevant aggravating factors (near school, near or with young persons, in prison)<br>From March 13, 2012 ||CDSA 5|| 2 | | [[Drug Trafficking (Offence)|Drug Trafficking (Schedule I)]], with relevant aggravating factors (near school, near or with young persons, in prison)<br>From March 13, 2012 ||CDSA 5|| {{JailY|2}}|| {{No}} || {{No}} | ||
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--> | --> | ||
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| [[Drug Trafficking (Offence)|Drug Trafficking (Schedule II)]], with relevant aggravating factors (crim. org., violence, weapons, prior record)<br>From March 13, 2012 ||CDSA 5|| | | [[Drug Trafficking (Offence)|Drug Trafficking (Schedule II)]], with relevant aggravating factors (crim. org., violence, weapons, prior record)<br>From March 13, 2012 ||CDSA 5|| {{Jail1Y}} || {{No}} || {{No}} | ||
|- | |- | ||
| [[Drug Trafficking (Offence)|Drug Trafficking (Schedule II)]] with relevant aggravating factors (near school, near or with young persons, in prison) <br>From March 13, 2012||CDSA 5|| 2 | | [[Drug Trafficking (Offence)|Drug Trafficking (Schedule II)]] with relevant aggravating factors (near school, near or with young persons, in prison) <br>From March 13, 2012||CDSA 5|| {{JailY|2}}|| {{No}} || {{No}} | ||
|- | |- | ||
| [[Importing and Exporting Drugs (Offence)|Importation and exportation of drugs]] (Schedule I), not greater than 1 kg<br>From March 13, 2012 || CDSA 6|| {{NA}} || {{No}} || {{No}} | | [[Importing and Exporting Drugs (Offence)|Importation and exportation of drugs]] (Schedule I), not greater than 1 kg<br>From March 13, 2012 || CDSA 6|| {{NA}} || {{No}} || {{No}} | ||
|- | |- | ||
| [[Importing and Exporting Drugs (Offence)|Importation and exportation of drugs]] (Schedule I), not greater than 1 kg and aggravating factors<br>From March 13, 2012 || CDSA 6|| | | [[Importing and Exporting Drugs (Offence)|Importation and exportation of drugs]] (Schedule I), not greater than 1 kg and aggravating factors<br>From March 13, 2012 || CDSA 6|| {{Jail1Y}}|| {{No}} || {{No}} | ||
--> | --> | ||
| [[Importing and Exporting Drugs (Offence)|Importation and exportation of drugs]] (Schedule I) || CDSA 6|| {{NA}} || {{Yes}} || {{No}} | | [[Importing and Exporting Drugs (Offence)|Importation and exportation of drugs]] (Schedule I) || CDSA 6|| {{NA}} || {{Yes}} || {{No}} | ||
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| [[Householder Permitting Sexual Activity (Offence)|Householder permitting sexual activity under 18]]<br> From July 17, 2015 ||171||1 year ||{{No}} (see 742.1(b)) ||{{Yes}} (s. 718.3(7)){{fn|a}} | | [[Householder Permitting Sexual Activity (Offence)|Householder permitting sexual activity under 18]]<br> From July 17, 2015 ||171||1 year ||{{No}} (see 742.1(b)) ||{{Yes}} (s. 718.3(7)){{fn|a}} | ||
|- | |- | ||
| [[Procuring and Living on the Avails of Prostitution (Repealed Offence)|Living on the avails of prostitution of person under eighteen]] (no parasitic involvement) ||212|| 2 | | [[Procuring and Living on the Avails of Prostitution (Repealed Offence)|Living on the avails of prostitution of person under eighteen]] (no parasitic involvement) ||212|| {{JailY|2}} ||{{No}} (see 742.1(b)) || {{Yes}} (s. 718.3(7)){{fn|a}} | ||
|- | |- | ||
| [[Procuring and Living on the Avails of Prostitution (Repealed Offence)|Procuring involving person under 18 (with parasitic involvement)]] ||212(2.1)|| 5 | | [[Procuring and Living on the Avails of Prostitution (Repealed Offence)|Procuring involving person under 18 (with parasitic involvement)]] ||212(2.1)|| {{JailY|5}} ||{{No}} (see 742.1(b)) || {{Yes}} (s. 718.3(7)){{fn|a}} | ||
|- | |- | ||
|{{LinkOffences0| [[Miscellaneous_Offences_Against_the_Person#Trafficking_in_Human_Organs|Trafficking in human organs — Removal without informed consent]] | 240.1(1) | {{NA}} | {{Yes}} | {{No}}}} | |{{LinkOffences0| [[Miscellaneous_Offences_Against_the_Person#Trafficking_in_Human_Organs|Trafficking in human organs — Removal without informed consent]] | 240.1(1) | {{NA}} | {{Yes}} | {{No}}}} | ||
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| [[Discharging a Firearm (Offence)|Discharging firearms with intent to wound (with aggravated factors)]] ||244(2)(a)(i) and (ii)||Minimum of 5 or 7 years with prior ||{{No}} (if prior, see 742.1(b)) || {{No}} | | [[Discharging a Firearm (Offence)|Discharging firearms with intent to wound (with aggravated factors)]] ||244(2)(a)(i) and (ii)||Minimum of 5 or 7 years with prior ||{{No}} (if prior, see 742.1(b)) || {{No}} | ||
|- | |- | ||
| [[Discharging a Firearm (Offence)|Discharging firearms with intent to wound, maim, etc. (without aggravating factors)]] ||244(2)(b)|| 4 | | [[Discharging a Firearm (Offence)|Discharging firearms with intent to wound, maim, etc. (without aggravating factors)]] ||244(2)(b)|| {{JailY|4}} ||{{No}} (see 742.1(b)) || {{No}} | ||
|- | |- | ||
| [[Discharging a Firearm (Offence)|Causing bodily harm with air gun with intent]] ||244.1|| {{NA}} ||{{Yes}} ||{{No}} | | [[Discharging a Firearm (Offence)|Causing bodily harm with air gun with intent]] ||244.1|| {{NA}} ||{{Yes}} ||{{No}} | ||
|- | |- | ||
| [[Discharging a Firearm (Offence)|Discharging firearm — recklessness (without aggravating factors)]] || 244.2 ||4 | | [[Discharging a Firearm (Offence)|Discharging firearm — recklessness (without aggravating factors)]] || 244.2 ||{{JailY|4}} ||{{No}} (see 742.1(b)) || {{No}} | ||
|- | |- | ||
| [[Discharging a Firearm (Offence)|Discharging firearm — recklessness (with aggravating factors]] || 244.2 || Minimum of 5 or 7 years with prior ||{{No}} (if prior, see 742.1(b)) || {{No}} | | [[Discharging a Firearm (Offence)|Discharging firearm — recklessness (with aggravating factors]] || 244.2 || Minimum of 5 or 7 years with prior ||{{No}} (if prior, see 742.1(b)) || {{No}} | ||
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| [[Sexual Assault Causing Bodily Harm (Offence)|Sexual Assault Sexual assault with restricted firearm etc weapon, threats to a third party or causing bodily harm]] || 272(2)(a)|| Minimum of 5 or 7 years with prior ||{{No}} || {{No}} | | [[Sexual Assault Causing Bodily Harm (Offence)|Sexual Assault Sexual assault with restricted firearm etc weapon, threats to a third party or causing bodily harm]] || 272(2)(a)|| Minimum of 5 or 7 years with prior ||{{No}} || {{No}} | ||
|- | |- | ||
| [[Sexual Assault (Offence)|Sexual assault with a firearm that is not restricted, etc, threats to a third party or causing bodily harm]] ||272(2)(a.1)|| 4 | | [[Sexual Assault (Offence)|Sexual assault with a firearm that is not restricted, etc, threats to a third party or causing bodily harm]] ||272(2)(a.1)|| {{JailY|4}} ||{{No}} (see 742.1(b)) || {{No}} | ||
|- | |- | ||
| [[Sexual Assault with a Weapon (Offence)|Sexual assault with a weapon]] (no aggravating elements) ||272(2)(b) || {{NA}} ||{{Yes}} ||{{No}} | | [[Sexual Assault with a Weapon (Offence)|Sexual assault with a weapon]] (no aggravating elements) ||272(2)(b) || {{NA}} ||{{Yes}} ||{{No}} | ||
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| [[Trafficking in Persons (Offence)|Trafficking in persons (without enumerated aggravating factors)]] ||279.01(2)|| {{JailY|4}} ||{{No}} (see 742.1(b)) ||{{No}} | | [[Trafficking in Persons (Offence)|Trafficking in persons (without enumerated aggravating factors)]] ||279.01(2)|| {{JailY|4}} ||{{No}} (see 742.1(b)) ||{{No}} | ||
|- | |- | ||
| [[Trafficking in Persons (Offence)|Trafficking in persons under the age of 18 years (without enumerated aggravating factors)]] ||279.011(b)|| 5 | | [[Trafficking in Persons (Offence)|Trafficking in persons under the age of 18 years (without enumerated aggravating factors)]] ||279.011(b)|| {{JailY|5}} ||{{No}} (see 742.1(b))|| {{No}} | ||
|- | |- | ||
| [[Trafficking in Persons (Offence)|Profiting from trafficking in persons]] ||279.02(2)|| {{JailY|2}} ||{{Yes}} || {{No}} | | [[Trafficking in Persons (Offence)|Profiting from trafficking in persons]] ||279.02(2)|| {{JailY|2}} ||{{Yes}} || {{No}} | ||
|- | |- | ||
| [[Commodification of Sexual Services (Offence)|Material benefit from sexual services — person under 18 years]] || 286.2(2) || 2 | | [[Commodification of Sexual Services (Offence)|Material benefit from sexual services — person under 18 years]] || 286.2(2) || {{JailY|2}} ||{{No}} (see 742.1(b))||{{No}} | ||
|- | |- | ||
| [[Commodification of Sexual Services (Offence)|Procuring — person 18 years or over]] ||286.3 || {{NA}} ||{{Yes}} || {{No}} | | [[Commodification of Sexual Services (Offence)|Procuring — person 18 years or over]] ||286.3 || {{NA}} ||{{Yes}} || {{No}} | ||
|- | |- | ||
| [[Commodification of Sexual Services (Offence)|Procuring — person under 18 years]] ||286.3 || 5 | | [[Commodification of Sexual Services (Offence)|Procuring — person under 18 years]] ||286.3 || {{JailY|5}} ||{{No}} (see 742.1(b))|| {{No}} | ||
|- | |- | ||
| [[Breach of Trust (Offence)|Breach of trust]] ||336|| {{NA}} ||{{Yes}} ||{{No}} | | [[Breach of Trust (Offence)|Breach of trust]] ||336|| {{NA}} ||{{Yes}} ||{{No}} | ||
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| [[Counterfeiting (Offence)|Counterfeiting mark]] ||376(2)|| {{NA}} ||{{Yes}} ||{{No}} | | [[Counterfeiting (Offence)|Counterfeiting mark]] ||376(2)|| {{NA}} ||{{Yes}} ||{{No}} | ||
|- | |- | ||
| [[Fraud (Offence)|Fraud Over $5,000]] <br>after September 1, 2004 ||380(1)(a)||2 | | [[Fraud (Offence)|Fraud Over $5,000]] <br>after September 1, 2004 ||380(1)(a)||{{JailY|2}} (over $1 mill., s. 380(1.1)) ||{{Yes}}|| {{No}} | ||
|- | |- | ||
| [[Fraud (Offence)|Fraud involving a testamentary instrument]] ||380(1)(a)|| {{NA}} ||{{Yes}}||{{No}} | | [[Fraud (Offence)|Fraud involving a testamentary instrument]] ||380(1)(a)|| {{NA}} ||{{Yes}}||{{No}} | ||
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| [[Drug Production (Offence)|drug production (cannabis)]] (between 5 and 201 plants for purpose of trafficking with aggravating factors) || CDSA 7(2)(b)|| 9 months ||{{No}}|| {{No}} | | [[Drug Production (Offence)|drug production (cannabis)]] (between 5 and 201 plants for purpose of trafficking with aggravating factors) || CDSA 7(2)(b)|| 9 months ||{{No}}|| {{No}} | ||
|- | |- | ||
| [[Drug Production (Offence)|drug production (cannabis)]] (between 201 and 501 plants for purpose of trafficking) || CDSA 7(2)(b)|| | | [[Drug Production (Offence)|drug production (cannabis)]] (between 201 and 501 plants for purpose of trafficking) || CDSA 7(2)(b)|| {{Jail1Y}} ||{{No}} || {{No}} | ||
|- | |- | ||
| [[Drug Production (Offence)|drug production (cannabis)]] (between 201 and 501 plants for purpose of trafficking with aggravating factors) || CDSA 7(2)(b)|| 18 months ||{{No}} || {{No}} | | [[Drug Production (Offence)|drug production (cannabis)]] (between 201 and 501 plants for purpose of trafficking with aggravating factors) || CDSA 7(2)(b)|| 18 months ||{{No}} || {{No}} | ||
|- | |- | ||
| [[Drug Production (Offence)|drug production (cannabis)]] (greater than 500 plants for purpose of trafficking) || CDSA 7(2)(b)|| 2 | | [[Drug Production (Offence)|drug production (cannabis)]] (greater than 500 plants for purpose of trafficking) || CDSA 7(2)(b)|| {{JailY|2}} ||{{No}} || {{No}} | ||
|- | |- | ||
| [[Drug Production (Offence)|drug production (cannabis)]] (greater than 500 plants for purpose of trafficking with aggravating factors) || CDSA 7(2)(b)|| 3 | | [[Drug Production (Offence)|drug production (cannabis)]] (greater than 500 plants for purpose of trafficking with aggravating factors) || CDSA 7(2)(b)|| {{JailY|3}} ||{{No}} || {{No}} | ||
|} | |} | ||
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||83.02|| {{NA}} || {{No}} (see 742.1(d)) ||{{Yes}} (s. 83.26) | ||83.02|| {{NA}} || {{No}} (see 742.1(d)) ||{{Yes}} (s. 83.26) | ||
|- | |- | ||
| [[Financing Terrorist Activity (Offence)|Provide property or services | | [[Financing Terrorist Activity (Offence)|Provide property or services for terrorist purposes]] | ||
||83.03 || {{NA}} || {{No}} (see 742.1(d)) ||{{Yes}} (s. 83.26) | ||83.03(1) || {{NA}} || {{No}} (see 742.1(d)) ||{{Yes}} (s. 83.26) | ||
|- | |||
| [[Financing Terrorist Activity (Offence)|Provide property or services for use by terrorist group]] | |||
||83.03(2) || {{NA}} || {{No}} (see 742.1(d)) ||{{Yes}} (s. 83.26) | |||
|- | |- | ||
| [[Financing Terrorist Activity (Offence)|Use or possession of property to further terrorism]] | | [[Financing Terrorist Activity (Offence)|Use or possession of property to further terrorism]] | ||
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|[[Commodification of Sexual Services (Offence)|Obtaining sexual services for consideration from person under 18 years]] | |[[Commodification of Sexual Services (Offence)|Obtaining sexual services for consideration from person under 18 years]] | ||
|| 286.1(2) || 6 months or 1 year || {{No}} (see 742.1(b))|| {{No}} | || 286.1(2) || 6 months or 1 year || {{No}} (see 742.1(b))|| {{No}} | ||
|- | |- | ||
| [[Possession of Stolen Property (Offence)|Possession of stolen goods over $5,000 or testamentary instrument]] | | [[Possession of Stolen Property (Offence)|Possession of stolen goods over $5,000 or testamentary instrument]] | ||
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{|class="wikitable sortable" | {|class="wikitable sortable" | ||
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! Offence !! Section !! Minimums !! Consecutive Time | ! Offence !! Section !! Minimums !! Mandatory <br>Consecutive Time | ||
|- | |- | ||
| [[Attempts|Attempt or accessory to indictable offence punishable by 14 years]] ||463(b)||varies || varies | | [[Attempts|Attempt or accessory to indictable offence punishable by 14 years]] ||463(b)||varies || varies |
Latest revision as of 15:14, 16 October 2024
This page was last substantively updated or reviewed January 2021. (Rev. # 96599) |
Minimum Punishment is Imprisonment for Life
Offence | Section | Minimums | CSO Eligible | Mandatory Consecutive Time |
---|---|---|---|---|
High Treason | 46(1), 47(1) and 745 | 25 years without parole | ||
Treason (overthrow gov't) | 47 (2)(a), (c), or (d) and 745 | N/A | ||
Treason (espionage while at war) | 47 (2)(b) or (e) and 745 | N/A | ||
First Degree Murder | 235 and 745 | 25 years without parole | [1] | |
Second Degree Murder (with prior conviction for murder, war crimes or crimes against humanity) | 235 and 745 | 25 years without parole | [2] | |
Second Degree Murder | 235 and 745 | 10 years without parole | [3] |
- ↑ see Cruel and Unusual Punishment and R v Bissonnette, 2022 SCC 23
- ↑ ibid
- ↑ ibid
Maximum Punishment of Imprisonment for Life
Maximum Punishment is Imprisonment for 14 Years
Maximum Punishment of 10 Years
Maximum Punishment of 7 years
Offence | Section | Minimums | Mandatory Consecutive Time |
---|---|---|---|
Attempt or accessory to indictable offence punishable by 14 years | 463(b) | varies | varies |
Drug production (Cannabis) | CDSA 7(2)(b) |
Maximum Punishment is Imprisonment for 5 Years
Offence | Section | Minimums | CSO Eligible | Mandatory Consecutive Time |
---|---|---|---|---|
Counselling commission of terrorism offence | 83.221 | N/A | (s. 83.26) | |
Set trap likely to cause bodily harm | 247(1) | N/A | ||
Advocating Genocide | 318(1) | N/A | (see 742.1(c)(i)) | |
Recruitment of members by a criminal organization | 467.111 | N/A | (s. 467.14) | |
Recruitment of members under the age of 18 by a criminal organization | 467.111 | 6 months imprisonment | (s. 467.14) |
Maximum Punishment is Imprisonment for 5 Years Less a Day
Offence | Section | Minimums | Mandatory Consecutive Time |
---|---|---|---|
Drug trafficking (Schedule II), Cannabis resin (<=1 g) or Cannabis (<=30 g) | CDSA 5(4) |
Maximum Punishment is Imprisonment for 2 Years
Offence | Section | Minimums | CSO Eligible | Mandatory Consecutive Time |
---|---|---|---|---|
Book-making (if No prior offences) | 202(2)(a) | N/A | ||
Book-making | 202(2)(b) and 202(2)(c) | 14 days or 3 months jail | ||
Placing bets for others (if No prior offences) | 203(d) | N/A | ||
Placing bets for others | 203(e) and 203(f) | 14 days or 3 months jail |
Maximum Punishment is Imprisonment for 18 Months
Offence | Section | Minimums | CSO Eligible | Mandatory Consecutive Time |
---|---|---|---|---|
Drug possession (Schedule IV) | CDSA 4(7) | N/A |
Historical
See Also
- Offences by Penalty
- List of Hybrid Offences
- List of Summary Conviction Offences
- List of Offences by Category
References
- Note a: : From July 16, 2015 (Tougher Penalties for Child Predators Act, 2015, c. 23 (C-26)), s. 718.3(7) requires sentences for sexual offence committed against children must be served consecutive to sex offences against other children