List of Straight Indictable Offences

This page was last substantively updated or reviewed January 2021. (Rev. # 82530)

• < Criminal Law/Sentencing
• < 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		Varies
Second Degree Murder (with prior conviction for murder, war crimes or crimes against humanity)	235 and 745	25 years without parole
Second Degree Murder	235 and 745	10 years without parole		Varies

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
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))	(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 jail	(see 742.1(b))	(s. 718.3(7))a
Procuring involving person under 18 (with parasitic involvement)	212(2.1)	5 years jail	(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 jail	(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 jail	(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 jail	(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	(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 jail	(see 742.1(b))
Procuring — person 18 years or over	286.3	N/A
Procuring — person under 18 years	286.3	5 years jail	(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 jail (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
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
drug production (cannabis) (greater than 500 plants for purpose of trafficking with aggravating factors)	CDSA 7(2)(b)	3 years

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 to further terrorism	83.03	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))
Theft over $5,000 or testamentary instrument	334(a)	N/A
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	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

• List of Straight Indictable Offences (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