List of Straight Indictable Offences: Difference between revisions
| Line 414: | Line 414: | ||
|- | |- | ||
| [[Dangerous Operation of a Motor Vehicle (Offence)|Dangerous operation of motor vehicle cause bodily harm]] | | [[Dangerous Operation of a Motor Vehicle (Offence)|Dangerous operation of motor vehicle cause bodily harm]] | ||
||249(3)|| None || No | ||249(3)|| None || No (see 742.1(e)(i)) || No | ||
|- | |- | ||
| [[Failure to Stop or Remain at Scene of Accident (Offence)|Failure to stop at scene of accident (bodily harm)]] | | [[Failure to Stop or Remain at Scene of Accident (Offence)|Failure to stop at scene of accident (bodily harm)]] | ||
Revision as of 11:56, 31 May 2022
| This page was last substantively updated or reviewed January 2021. (Rev. # 81031) |
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 | No | No |
| Treason (overthrow gov't) | 47 (2)(a), (c), or (d) and 745 | None | No | No |
| Treason (espionage while at war) | 47 (2)(b) or (e) and 745 | None | No | No |
| First Degree Murder | 235 and 745 | 25 years without parole | No | Varies |
| Second Degree Murder (with prior conviction for murder, war crimes or crimes against humanity) | 235 and 745 | 25 years without parole | No | Varies |
| Second Degree Murder | 235 and 745 | 10 years without parole | No | Varies |
Maximum Punishment of Imprisonment for Life
Maximum Punishment is Imprisonment for 14 Years
Maximum Punishment of 10 Years
| Offence | Section | Minimums | CSO Eligible | Mandatory Consecutive Time |
|---|---|---|---|---|
| Provide or collect property to further terrorism | 83.02 | None | No (see 742.1(d)) | Yes (s. 83.26) |
| Provide property or services to further terrorism | 83.03 | None | No (see 742.1(d)) | Yes (s. 83.26) |
| Use or possession of property to further terrorism | 83.04 | None | No (see 742.1(d)) | Yes (s. 83.26) |
| Participation in terrorist activity | 83.18 | None | No (see 742.1(d)) | Yes (s. 83.26) |
| Leaving Canada to participate in activity of terrorist group | 83.181 | None | No (see 742.1(d)) | Yes (s. 83.26) |
| Harbouring or concealing terrorist who committed an offence with maximum penalty of 14 years or less | 83.23(1)(b) | None | No (see 742.1(d)) | Yes (s. 83.26) |
| Harbouring or concealing person who is likely to carry out terrorist activity | 83.23(2) | None | No (see 742.1(d)) | Yes (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) | No (assuming mandatory minimum is valid in jurisdiction) Yes (unless weapon is "used" see 742.1(e)(i)) |
No |
| 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) | No (assuming mandatory minimum is valid in jurisdiction) Yes (unless weapon is "used" see 742.1(e)(i)) |
No |
| Weapons Trafficking (with any aggravating elements made out) | 99(2)(a) and 99(2)(b) | 3 or 5 years jail with prior | No (assuming mandatory minimum is valid in jurisdiction) Yes (unless weapon is "used" see 742.1(e)(i)) |
No |
| Weapons trafficking (w/out aggravating factors) | 99(3) | 1 year | No (assuming mandatory minimum is valid in jurisdiction) Yes (unless weapon is "used" see 742.1(e)(i)) |
No |
| 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 | No (assuming mandatory minimum is valid in jurisdiction) No (assuming crim. org related) Yes (unless weapon is "used" see 742.1(e)(i)) |
No |
| Possession for purpose of weapons trafficking ((w/out aggravating factors) | 100(3) | 1 year | No (assuming mandatory minimum is valid in jurisdiction) Yes (unless weapon is "used" see 742.1(e)(i)) |
No |
| Knowingly importing or exporting of unauthorized firearms (with aggravating factors) | 103(2)(a) and 103(2)(b) | 3 or 5 years jail with prior | No (assuming mandatory minimum is valid in jurisdiction) No (assuming crim. org related) Yes (unless weapon is "used" see 742.1(e)(i)) |
No |
| Knowingly importing or exporting unauthorized firearms (w/out aggravating factors) | 103(2.1) | 1 year jail | No (assuming mandatory minimum is valid in jurisdiction) Yes (unless weapon is "used" see 742.1(e)(i)) |
No |
| Dangerous operation of motor vehicle cause bodily harm | 249(3) | None | No (see 742.1(e)(i)) | No |
| Failure to stop at scene of accident (bodily harm) | 252(1.2) | None | No | |
| Impaired Driving and Over 80 Causing Bodily Harm | 255(2), (2.1), (2.2) | $1,000 fine, 30 days, 120 days | No | |
| Blood alcohol over legal limit while causing bodily harm | 255(2.1) | $1,000 fine, 30 days or 90 days jail | No | |
| Failure to provide sample and bodily harm | 255(2.2) | $1,000 fine, 30 days or 90 days jail | No | |
| Withholding or destroying documents in respect of human trafficking, persons under 18 years | 279.03(2) | 1 year | No | |
| Obtaining sexual services for consideration from person under 18 years | 286.1(2) | 6 months or 1 year | No | |
| Theft over $5,000 or testamentary instrument | 334(a) | None | No | |
| Possession of stolen goods over $5,000 or testamentary instrument | 355(a) | None | No | |
| Theft from mail | 356(1) | None | No | |
| Conspiracy to prosecute an innocent person for an offence punishable by life or 14 years | 465(1))(b)(i) | None | No | |
| Drug Trafficking (Schedule III) | CDSA 5 | None | No |
Maximum Punishment of 7 years
| Offence | Section | Minimums | Consecutive Time |
|---|---|---|---|
| Attempt or accessory to indictable offence punishable by 14 years | 463(b) | varies | varies |
| Drug production (Cannabis) | CDSA 7(2)(b) | None | No |
Maximum Punishment is Imprisonment for 5 Years
| Offence | Section | Minimums | Consecutive Time |
|---|---|---|---|
| Counselling commission of terrorism offence | 83.221 | None | Yes (s. 83.26) |
| Set trap likely to cause bodily harm | 247(1) | None | No |
| Hate propaganda | 318(1) | None | No |
| Recruitment of members by a criminal organization | 467.111 | None | Yes (s. 467.14) |
| Recruitment of members under the age of 18 by a criminal organization | 467.111 | 6 months imprisonment | Yes (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) | None | No |
Maximum Punishment is Imprisonment for 2 Years
| Offence | Section | Minimums | Mandatory Consecutive Time |
|---|---|---|---|
| Book-making (if no prior offences) | 202(2)(a) | None | No |
| Book-making | 202(2)(b) and 202(2)(c) | 14 days or 3 months jail | No |
| Placing bets for others (if no prior offences) | 203(d) | None | No |
| Placing bets for others | 203(e) and 203(f) | 14 days or 3 months jail | No |
Maximum Punishment is Imprisonment for 18 Months
| Offence | Section | Minimums | Mandatory Consecutive Time |
|---|---|---|---|
| Drug possession (Schedule IV) | CDSA 4(7) | None | No |
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