List of Straight Indictable Offences: Difference between revisions

From Criminal Law Notebook
← Older edit
VisualWikitext
No edit summary
Tag: wikieditor
No edit summary
 
(6 intermediate revisions by the same user not shown)
Line 1: Line 1:
{{Currency|January 2021}}
[[fr:Liste_des_actes_criminels_simples]]
{{Currency2|January|2021}}
{{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}}


Line 12: Line 13:
| [[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}} || Varies<Ref>see [[Cruel and Unusual Punishment]] and R v Bissonnette, 2022 SCC 23</ref>
| [[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>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>ibid</ref>
|-
|-
|[[Homicide (Offence)|Second Degree Murder]] ||235 and 745|| 10 years without parole || {{No}} ||Varies
|[[Homicide (Offence)|Second Degree Murder]] ||235 and 745|| 10 years without parole || {{No}} ||{{No}}<Ref>ibid</ref>
|}
|}


Line 383: Line 384:
||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 to further terrorism]]
| [[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]]
Line 448: Line 452:
|[[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}}  
|-


| [[Theft (Offence)|Theft over $5,000 or testamentary instrument]]
||334(a)|| {{NA}} ||{{Yes}} || {{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]]  
Line 470: Line 471:
{|class="wikitable sortable"  
{|class="wikitable sortable"  
|-
|-
! 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)
See also: Offences by Penalty, List of Hybrid Offences, and List of Summary Conviction Offences

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]
  1. ↑ see Cruel and Unusual Punishment and R v Bissonnette, 2022 SCC 23
  2. ↑ ibid
  3. ↑ ibid

Maximum Punishment of Imprisonment for Life

Offence Section Minimums CSO Eligible Mandatory Consecutive Time
Interfering with reading of riot proclamation or refusing to cease participation in riot 68 N/A
Piracy by law of nations 74 N/A
Hijacking 76 N/A
Endangering safety of aircraft or airport 77 N/A
Seizing control of ship or fixed platform 78.1(1) N/A
Violent act on board a shop or platform 78.1(2) N/A
False information re safe navigation 78.1(3) N/A
Threats to commit offences at 78.1(2) 78.1(4) N/A
Breach of duty of care re explosives endangering life 80(a) N/A
Intending to cause explosion or use corrosive substance with intent to cause death or serious harm 81(1)(a), (b) and 81(2)(a) N/A
Possession, etc., of nuclear material, radioactive material or device 82.3 N/A
Use or alteration of nuclear material, radioactive material or device 82.4 N/A
Commission of indictable offence to obtain nuclear material, etc. 82.5 N/A
Committing an Offence for a Terrorist Group 83.2 N/A (see 742.1(d)) (see 83.26)
Instructing activity for terrorist group 83.21(1) N/A (see 742.1(d)) (s. 83.26)
Instructing terrorist activity 83.22(1) N/A (see 742.1(d)) (s. 83.26)
Hoax re terrorist activity (causing death) 83.231(4) N/A (see 742.1(d))
Break and enter to steal firearm 98(4) N/A
Robbery to steal firearm 98.1 N/A
Causing death by criminal negligence (involving the use of a firearm) 220(a) 4 years imprisonment (see 742.1(b))
Negligence causing death (no firearm) 220(b) N/A
Manslaughter (involving use of a firearm) 236(a) 4 years (see 742.1(b))
Manslaughter (not involving use of a firearm) 236(b) N/A
Killing unborn child in act of birth 238 N/A
Attempted Murder (with restricted or prohibited firearm) 239(1)(a)(i) and (ii) 5 or 7 years with prior (see 742.1(c)(i))
Attempt to commit murder (use of a firearm which is not a restricted or prohibited firearm) 239(1)(a.1) 4 years (see 742.1(c)(i))
Attempt to commit murder (no use of a firearm) 239(1)(b) N/A (see 742.1(c)(i))
Accessory after fact to murder 240 N/A
Overcoming resistance to commission of offence 246 N/A
Interfere with transportation likely to cause death 248 N/A
Manslaughter (Failure to safeguard ice opening or excavation resulting in death) 236, 263(3)(a) N/A
Sexual assault with a weapon or causing bodily harm, victim under 16
From July 17, 2015		 272(2)(a.2) 5 years jail (see 742.1(b)) (s. 718.3(7))a
Aggravated sexual assault victim under 16 years
From November 6, 2012		 273(2)(a.2) 5 years jail (see 742.1(b)) (s. 718.3(7))a
Aggravated sexual assault with restricted firearm or for a criminal organization 273(2)(a)(i) and (ii) 5 or 7 years with prior (if prior, see 742.1(b))
Aggravated sexual assault with a non restricted firearm 273(2)(a.1) 4 years (see 742.1(b))
Aggravated sexual assault without a firearm 273(2)(b) N/A
Kidnapping, trafficking in persons, hostage taking and abduction with restricted firearm etc or for a criminal organization 279(1.1)(a)(i) and (ii) 5 or 7 years with prior (if prior, see 742.1(b))
Kidnapping, trafficking in persons, hostage taking and abduction with a non-restricted firearm 279(1.1)(a.1) 4 years (see 742.1(b))
Kidnapping, trafficking in persons under the age of 16, hostage taking and abduction
From June, 2013		 279(1.1)(a.2)
From June 23, 2013		 5 years (see 742.1(b))
Kidnapping, trafficking in persons, hostage taking and abduction without a firearm 279(1.1)(b) N/A
Hostage taking with restricted firearm or for benefit of criminal organization 279.1(2)(a)(i) and (ii) 5 or 7 years with prior (if prior, see 742.1(b))
Hostage taking with a non-restricted firearm 279.1(2)(a.1) 4 years (see 742.1(b))
Hostage taking (without aggravating elements) 279.1(2)(b) N/A (see 742.1(b))
Trafficking in persons (kidnap, aggravated assault, aggravated sexual assault, or death) 279.01(1)(a) 5 years (see 742.1(b))
Trafficking in persons under the age of 18 years (kidnap, aggravated assault, aggravated sexual assault, or death) 279.011(a) 6 years (see 742.1(b)) (s. 718.3(7))a
dangerous operation when accident causes death
From December 18, 2018		 320.13(3), 320.21 $1,000 fine, 30 days or 90 days jail
Operation While Impaired or Blood Concentration Over and Causing Death
From December 18, 2018		 320.14(3), 320.21 $1,000 fine, 30 days or 90 days jail
Refusal When Accident Resulting in Death
From December 18, 2018		 320.15(3), 320.21 $1,000 fine, 30 days or 90 days jail
Failure to stop after accident resulting in death
From December 18, 2018		 320.16(3), 320.21 $1,000 fine, 30 days or 90 days jail
Robbery 344 N/A
Robbery with non restricted firearm 344(1)(a.1) 4 years (see 742.1(b))
Robbery with restricted firearm or for benefit of criminal organization 344(1)(a)(i) and (ii) 5 or 7 years with prior (if priors, see 742.1(b))
Stopping mail with intent to obtain 345 N/A
Extortion (with restricted firearm or for the benefit of a criminal organization) 346(1.1)(a)(i) and (ii) 5 or 7 years with prior
Extortion (with non restricted firearm) 346(1.1)(a.1) 4 years (see 742.1(b))
Extortion (no firearm or other aggravating facts) 346(1.1)(b) N/A
Break and Enter into a Dwelling House 348(1)(d) N/A
Mischief causing actual danger to life 430(2) N/A
Explosives offence re public or government facility 431.2(2) N/A
Arson (disregard for human life) 433 N/A
Conspiracy to commit murder 465(1)(a) N/A
Instructing commission of offence for criminal organization 467.13(1) N/A (see 742.1(d)) (s. 467.14)
First or Second Degree Murder (Young Offender) 745.1 5 to 7, 10 years (variable) (see 742.1(b))
Drug Trafficking (Schedule I) CDSA 5 N/A
Drug Trafficking (Schedule II) CDSA 5 N/A
Importation and exportation of drugs (Schedule I) CDSA 6 N/A
Importation and exportation of drugs (Schedule II) CDSA 6 N/A

Maximum Punishment is Imprisonment for 14 Years

Offence Section Minimums CSO Eligible Mandatory Consecutive Time
Treason (espionage while not at war) 47(2)(c) N/A
Assist alien enemy 50(1)(a) and 50(2) N/A
Omission to prevent treason 50(1)(b) and 50(2) N/A
Intimidating Parliament 51 N/A
Inciting to mutiny 53 N/A
Forgery of or uttering forged passport 57(1) N/A
Sedition 61 N/A
Piratical acts 75 N/A
Offensive weapons and explosives on aircraft 78 N/A
Breach of duty of care re explosives risking bodily harm 80(b) N/A
Possession of explosive with intent to destroy property or intent to endanger life 81(1)(c),(d) and 81(2)(b) N/A
Possession of explosive for criminal organization 82(2) N/A (see 742.1(d)) (s. 82.1)
Threats to commit an offence relating to nuclear materials 82.6 N/A [1]
Facilitating terrorist activity 83.19(1) N/A (see 742.1(d)) (s. 83.26)
Leaving Canada to facilitate terrorist activity 83.191 N/A (see 742.1(d))} (s. 83.26)
Leaving Canada to commit offence for terrorist group 83.201 N/A (see 742.1(d)) (s. 83.26)
Leaving Canada to commit offence that is terrorist activity 83.202 N/A (see 742.1(d)) (s. 83.26)
Harbouring or concealing terrorist who committed an offence with maximum penalty of life 83.23(1)(a) N/A (see 742.1(d)) (s. 83.26)
Using firearm in commission of offence 85(1) 1 year or 3 years with prior (if prior, see 742.1(b)) (s. 85(3))
Using an imitation firearm in commission of offence 85(2) 1 year or 3 years with prior (if prior, see 742.1(b)) (s. 85(3))
Bribery of judicial officers or member of a legislature 119(1) N/A
Bribery of public officers 120 N/A
Perjury 131, 132 N/A
Witness giving contradictory evidence 136(1) N/A
Fabricating evidence 137 N/A
Sexual interference 151 1 year or less jail (s. 718.3(7))a
Invitation to sexual touching 152 1 year or less jail (see 742.1(b)) (s. 718.3(7))a
Making of child pornography
after July 17, 2015		 163.1(2) 1 year or less jail (see 742.1(b)) (s. 718.3(7))a
Distribution child pornography
after July 17, 2015		 163.1(3) 1 year or less jail / (see 742.1(b))[2] (s. 718.3(7))a
Parent or guardian procuring sexual activity under 16
From July 17, 2015		 170 1 year (see 742.1(b)) (s. 718.3(7))a
Householder permitting sexual activity under 18
From July 17, 2015		 171 1 year (see 742.1(b)) (s. 718.3(7))a
Living on the avails of prostitution of person under eighteen (no parasitic involvement) 212 2 years imprisonment (see 742.1(b)) (s. 718.3(7))a
Procuring involving person under 18 (with parasitic involvement) 212(2.1) 5 years imprisonment (see 742.1(b)) (s. 718.3(7))a
Trafficking in human organs — Removal without informed consent 240.1(1) N/A
Trafficking in human organs — Financial transaction 240.1(2) N/A
Counselling suicide 241 N/A
Discharging firearms with intent to wound (with aggravated factors) 244(2)(a)(i) and (ii) Minimum of 5 or 7 years with prior (if prior, see 742.1(b))
Discharging firearms with intent to wound, maim, etc. (without aggravating factors) 244(2)(b) 4 years imprisonment (see 742.1(b))
Causing bodily harm with air gun with intent 244.1 N/A
Discharging firearm — recklessness (without aggravating factors) 244.2 4 years imprisonment (see 742.1(b))
Discharging firearm — recklessness (with aggravating factors 244.2 Minimum of 5 or 7 years with prior (if prior, see 742.1(b))
Administer noxious thing with intent to endanger life 245(1)(a) N/A
Keep trap and cause bodily harm in place to commit offence 247(4) N/A
Aggravated Assault 268 N/A
Torture 269.1 N/A (see 742.1(c)(ii))
Aggravated assault of peace officer 270.02 N/A (s. 270.03)
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
Sexual assault with a firearm that is not restricted, etc, threats to a third party or causing bodily harm 272(2)(a.1) 4 years imprisonment (see 742.1(b))
Sexual assault with a weapon (no aggravating elements) 272(2)(b) N/A
Sexual assault causing bodily harm (no aggravating elements) 272(2)(b) N/A
Sexual assault with weapon that is not a firearm, threats to a third party or causing bodily harm 272(2)(b) N/A
Trafficking in persons (without enumerated aggravating factors) 279.01(2) 4 years imprisonment (see 742.1(b))
Trafficking in persons under the age of 18 years (without enumerated aggravating factors) 279.011(b) 5 years imprisonment (see 742.1(b))
Profiting from trafficking in persons 279.02(2) 2 years imprisonment
Material benefit from sexual services — person under 18 years 286.2(2) 2 years imprisonment (see 742.1(b))
Procuring — person 18 years or over 286.3 N/A
Procuring — person under 18 years 286.3 5 years imprisonment (see 742.1(b))
Breach of trust 336 N/A
Trafficking in stolen property over $5,000 355.2, 355.5 N/A
Poss'n for the purpose of trafficking in stolen property over $5,000 355.4, 355.5 N/A
Offence involving exchequer bill paper, public seal 369 N/A
Drawing document without authority 374 N/A
Obtaining instrument based on forged document 375 N/A
Counterfeiting stamp 376(1) N/A
Counterfeiting mark 376(2) N/A
Fraud Over $5,000
after September 1, 2004		 380(1)(a) 2 years imprisonment (over $1 mill., s. 380(1.1))
Fraud involving a testamentary instrument 380(1)(a) N/A
Fraud affecting public markets of stocks, etc. 380(2) N/A
Sale of defective stores to Her Majesty 418(1) N/A
Participation in fraud re sale of defective stores 418(2) N/A
Intimidation of a justice system participant 423.1 N/A
Attack on premises, residence or transport of internationally protected person 431 N/A
Attack on premises, residence or transport of U.N. or associated personnel 431.1 N/A
Arson — damage to property 434 N/A
Arson causing damage to property (w/out disregard for life as in 433) 434 N/A
Arson causing damage to own property (w disregard for life as in 433) 434.1 N/A
Make counterfeit money 449 N/A
Possession of counterfeit money 450 N/A
Use of counterfeit money 452 N/A
Clip or utter coin 455 N/A
Possession of materials for counterfeiting 458 N/A
Conveying instruments for counterfeiting from mint 459 N/A
Attempt or accessory to indictable offence punishable by life imprisonment 463(a) N/A
Commission of offence for criminal organization 467.12(1) N/A (see 742.1(d)) (s. 467.14)
drug production (cannabis) (between 5 and 201 plants for purpose of trafficking) CDSA 7(2)(b) 6 months
drug production (cannabis) (between 5 and 201 plants for purpose of trafficking with aggravating factors) CDSA 7(2)(b) 9 months
drug production (cannabis) (between 201 and 501 plants for purpose of trafficking) CDSA 7(2)(b) 1 year imprisonment
drug production (cannabis) (between 201 and 501 plants for purpose of trafficking with aggravating factors) CDSA 7(2)(b) 18 months
drug production (cannabis) (greater than 500 plants for purpose of trafficking) CDSA 7(2)(b) 2 years imprisonment
drug production (cannabis) (greater than 500 plants for purpose of trafficking with aggravating factors) CDSA 7(2)(b) 3 years imprisonment

Maximum Punishment of 10 Years

Offence Section Minimums CSO Eligible Mandatory Consecutive Time
Provide or collect property to further terrorism 83.02 N/A (see 742.1(d)) (s. 83.26)
Provide property or services for terrorist purposes 83.03(1) N/A (see 742.1(d)) (s. 83.26)
Provide property or services for use by terrorist group 83.03(2) N/A (see 742.1(d)) (s. 83.26)
Use or possession of property to further terrorism 83.04 N/A (see 742.1(d)) (s. 83.26)
Participation in terrorist activity 83.18 N/A (see 742.1(d)) (s. 83.26)
Leaving Canada to participate in activity of terrorist group 83.181 N/A (see 742.1(d)) (s. 83.26)
Harbouring or concealing terrorist who committed an offence with maximum penalty of 14 years or less 83.23(1)(b) N/A (see 742.1(d)) (s. 83.26)
Harbouring or concealing person who is likely to carry out terrorist activity 83.23(2) N/A (see 742.1(d)) (s. 83.26)
Possession of firearm knowing its possession is unauthorized 92(1) 1 year (if one prior); 2 years less a day (if two or more prior) (assuming mandatory minimum is valid in jurisdiction)
Yes
Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized 92(2) 1 year (if one prior); 2 years less a day (if two or more prior) (assuming mandatory minimum is valid in jurisdiction)
Weapons Trafficking (with any aggravating elements made out) 99(2)(a) and 99(2)(b) 3 or 5 years jail with prior (assuming mandatory minimum is valid in jurisdiction)
(otherwise)
Weapons trafficking (w/out aggravating factors) 99(3) 1 year (see 742.1(b))
Possession for purpose of weapons trafficking (with any aggravating elements made out) 100(2)(a) and 100(2)(b) 3 or 5 years jail with prior (assuming mandatory minimum is valid in jurisdiction or crim. org related)
Possession for purpose of weapons trafficking ((w/out aggravating factors) 100(3) 1 year (assuming mandatory minimum is valid in jurisdiction)
(otherwise)
Knowingly importing or exporting of unauthorized firearms (with aggravating factors) 103(2)(a) and 103(2)(b) 3 or 5 years jail with prior (assuming mandatory minimum is valid in jurisdiction or crim. org related)
Yes
Knowingly importing or exporting unauthorized firearms (w/out aggravating factors) 103(2.1) 1 year jail (see 742.1(b))
Dangerous operation of motor vehicle cause bodily harm 249(3) N/A
Failure to stop at scene of accident (bodily harm) 252(1.2) N/A
Impaired Driving and Over 80 Causing Bodily Harm 255(2), (2.1), (2.2) $1,000 fine, 30 days, 120 days
Blood alcohol over legal limit while causing bodily harm 255(2.1) $1,000 fine, 30 days or 90 days jail
Failure to provide sample and bodily harm 255(2.2) $1,000 fine, 30 days or 90 days jail
Withholding or destroying documents in respect of human trafficking, persons under 18 years 279.03(2) 1 year (see 742.1(b))
Obtaining sexual services for consideration from person under 18 years 286.1(2) 6 months or 1 year (see 742.1(b))
Possession of stolen goods over $5,000 or testamentary instrument 355(a) N/A
Theft from mail 356(1) N/A
Conspiracy to prosecute an innocent person for an offence punishable by life or 14 years 465(1))(b)(i) N/A Varies
Drug Trafficking (Schedule III) CDSA 5 N/A

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

References

  1. ↑ Unless relating to terrorism or crim. org.
  2. ↑ Some jurisdictions have invalidated the minimum
Retrieved from "https://criminalnotebook.ca/index.php?title=List_of_Straight_Indictable_Offences&oldid=96599"