List of Straight Indictable Offences: Difference between revisions
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| [[Miscellaneous Offences Against Public Order|Treason]] (espionage while not at war)||47(2)(c)||None || No | | [[Miscellaneous Offences Against Public Order|Treason]] (espionage while not at war)||47(2)(c)||None || No | ||
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| [[Use or Possession of Explosives (Offence)|Possession of explosive with intent to destroy property or intent to endanger life]] ||81(1)(c),(d) and 81(2)(b)||None || No | | [[Use or Possession of Explosives (Offence)|Possession of explosive with intent to destroy property or intent to endanger life]] ||81(1)(c),(d) and 81(2)(b)||None || No | ||
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| [[Use or Possession of Explosives (Offence)|Possession of explosive for criminal organization]] ||82(2)||None || Yes (s. 82.1) | |||
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| [[Miscellaneous Offences Against Public Order|Threats to commit an offence relating to nuclear materials]] ||82.6|| None || No | | [[Miscellaneous Offences Against Public Order|Threats to commit an offence relating to nuclear materials]] ||82.6|| None || No | ||
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| [[Participating in Terrorist Activity (Offence)|Facilitating terrorist activity]] ||83.19(1) ||None || Yes (s. 83.26) | |||
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| [[Participating in Terrorist Activity (Offence)|Leaving Canada to facilitate terrorist activity]] ||83.191 ||None || Yes (s. 83.26) | |||
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| [[Participating in Terrorist Activity (Offence)|Leaving Canada to commit offence for terrorist group]] ||83.201 ||None || Yes (s. 83.26) | |||
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| [[Participating in Terrorist Activity (Offence)|Leaving Canada to commit offence that is terrorist activity]] ||83.202 ||None || Yes (s. 83.26) | |||
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| [[Participating in Terrorist Activity (Offence)|Harbouring or concealing terrorist who committed an offence with maximum penalty of life]] ||83.23(1)(a) ||None ||Yes (s. 83.26) | |||
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| [[Use of Firearm in Commission of an Offence (Offence)|Using firearm in commission of offence]] ||85(1)|| 1 year or 3 years with prior || Yes (s. 85(3)) | |||
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| [[Use of Firearm in Commission of an Offence (Offence)|Using an imitation firearm in commission of offence]] ||85(2)|| 1 year or 3 years with prior|| Yes (s. 85(3)) | |||
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| [[Bribery (Offence)|Bribery of judicial officers or member of a legislature]] ||119(1)||None || No | | [[Bribery (Offence)|Bribery of judicial officers or member of a legislature]] ||119(1)||None || No | ||
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| [[Perjury (Offence)|Perjury]] ||131, 132||None || No | | [[Perjury (Offence)|Perjury]] ||131, 132||None || No | ||
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| [[Giving Contradictory Evidence (Offence)|Witness giving contradictory evidence]] ||136(1)|| None ||No | |||
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| [[Fabricating Evidence (Offence)|Fabricating]] ||137||None || No | | [[Fabricating Evidence (Offence)|Fabricating]] ||137||None || No | ||
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| [[ | | [[Sexual Interference (Offence)|Sexual interference]] ||151||1 year or less jail || No | ||
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| [[ | | [[Invitation to Sexual Touching (Offence)|Invitation to sexual touching]] ||152||1 year or less jail || No | ||
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| [[Incest (Offence)|Incest]] ||155||5 years (if victim under age of 16) || No | | [[Incest (Offence)|Incest]] ||155||5 years (if victim under age of 16) || No | ||
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| [[Child Pornography (Offence)|Making of child pornography]] <br>after July 17, 2015 ||163.1(2)||1 year or less jail || Yes (718.3(7)) | |||
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| [[Child Pornography (Offence)|Distribution child pornography]] <br>after July 17, 2015||163.1(3)||1 year or less jail || Yes (s.718.3(7)) | |||
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| [[Parent or Guardian Procuring Sexual Activity (Offence)|Parent or guardian procuring sexual activity under 16]] (after July 17, 2015) ||170|| 1 year ||Yes | | [[Parent or Guardian Procuring Sexual Activity (Offence)|Parent or guardian procuring sexual activity under 16]] (after July 17, 2015) ||170|| 1 year ||Yes | ||
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| [[Householder Permitting Sexual Activity (Offence)|Householder permitting sexual activity under 16]]<br> (July 2, 2008 to July 17, 2015) ||171(a)||6 months ||Yes | | [[Householder Permitting Sexual Activity (Offence)|Householder permitting sexual activity under 16]]<br> (July 2, 2008 to July 17, 2015) ||171(a)||6 months ||Yes | ||
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| [[ | | [[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 years jail || No | ||
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| [[ | | [[Procuring and Living on the Avails of Prostitution (Repealed Offence)|Procuring involving person under 18 (with parasitic involvement)]] ||212(2.1)|| 5 years jail || No | ||
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| [[ | | [[Counselling or Aiding Suicide (Offence)|Counselling suicide]] ||241|| None ||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 | ||
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| [[ | | [[Discharging a Firearm (Offence)|Discharging firearms with intent to wound, maim, etc. (without aggravating factors)]] ||244(2)(b)|| 4 years jail || No | ||
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| [[ | | [[Discharging a Firearm (Offence)|Causing bodily harm with air gun with intent]] ||244.1|| None ||No | ||
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| [[ | | [[Discharging a Firearm (Offence)|Discharging firearm — recklessness (without aggravating factors]] || 244.2 ||4 years jail || No | ||
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| [[Discharging a Firearm (Offence)|Discharging firearm — recklessness (with aggravating factors]] || 244.2 || Minimum of 5 or 7 years with prior || No | |||
| [[Discharging a Firearm (Offence)| | |||
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| [[Administering a Noxious Substance (Offence)|Administer noxious thing with intent to endanger life]] ||245(1)(a)|| None ||No | | [[Administering a Noxious Substance (Offence)|Administer noxious thing with intent to endanger life]] ||245(1)(a)|| None ||No | ||
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| [[Street Racing (Offence)|Cause bodily harm by dangerous driving (street racing)]] ||249.4(3)|| None ||No | | [[Street Racing (Offence)|Cause bodily harm by dangerous driving (street racing)]] ||249.4(3)|| None ||No | ||
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| [[Aggravated Assault (Offence)|Aggravated Assault]] ||268||None || No | |||
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| [[Miscellaneous Offences Against the Person|Torture]] ||269.1|| None ||No | | [[Miscellaneous Offences Against the Person|Torture]] ||269.1|| None ||No | ||
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| [[Sexual Assault (Offence)|Sexual assault with weapon that is not a firearm, threats to a third party or causing bodily harm]] ||272(2)(b)|| None ||No | | [[Assault Peace Officer (Offence)|Aggravated assault of peace officer]] || 270.02 || None || Yes (s. 270.03) | ||
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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 | |||
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| [[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 years jail || No | |||
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| [[Sexual Assault with a Weapon (Offence)|Sexual assault with a weapon]] (no aggravating elements) ||272(2)(b) || None ||No | |||
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| [[Sexual Assault Causing Bodily Harm (Offence)|Sexual assault causing bodily harm]] (no aggravating elements)||272(2)(b) || None ||No | |||
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| [[Sexual Assault Causing Bodily Harm (Offence)|Sexual assault with weapon that is not a firearm, threats to a third party or causing bodily harm]] ||272(2)(b)|| None ||No | |||
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| [[Trafficking in Persons (Offence)|Trafficking in persons (without enumerated aggravating factors)]] ||279.01(2)|| 4 years ||No | | [[Trafficking in Persons (Offence)|Trafficking in persons (without enumerated aggravating factors)]] ||279.01(2)|| 4 years ||No | ||
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| [[Trafficking in Persons (Offence)|Profiting from trafficking in persons]] ||279.02(2)|| 2 years || No | | [[Trafficking in Persons (Offence)|Profiting from trafficking in persons]] ||279.02(2)|| 2 years || No | ||
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| [[Commodification of Sexual Services (Offence)|Material benefit from sexual services — person under 18 years]] || 286.2(2) || 2 years jail||No | |||
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| [[Commodification of Sexual Services (Offence)|Procuring — person 18 years or over]] ||286.3 || None || No | |||
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| [[Commodification of Sexual Services (Offence)|Procuring — person under 18 years]] ||286.3 || 5 years jail || No | |||
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| [[Breach of Trust (Offence)|Breach of trust]] ||336|| None ||No | |||
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| [[Miscellaneous Offences Against Property|Public servant refusing to deliver property]] ||337|| None ||No | | [[Miscellaneous Offences Against Property|Public servant refusing to deliver property]] ||337|| None ||No | ||
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| [[Trafficking in Stolen Property (Offence)|Trafficking in stolen property over $5,000]] || 355.2, 355.5 || None || No | |||
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| [[Trafficking in Stolen Property (Offence)|Poss'n for the purpose of trafficking in stolen property over $5,000]] || 355.4, 355.5 || None || No | |||
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| [[Miscellaneous Offences Against Property|Offence involving exchequer bill paper, public seal]] ||369|| None ||No | | [[Miscellaneous Offences Against Property|Offence involving exchequer bill paper, public seal]] ||369|| None ||No | ||
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| [[Counterfeiting (Offence)|Counterfeiting mark]] ||376(2)|| None ||No | | [[Counterfeiting (Offence)|Counterfeiting mark]] ||376(2)|| None ||No | ||
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| [[Fraud (Offence)|Fraud Over $5,000]] <br>after September 1, 2004 ||380(1)(a)||2 years jail (over $1 mill., s. 380(1.1))|| No | |||
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| [[Fraud (Offence)|Fraud involving a testamentary instrument]] ||380(1)(a)|| None ||No | | [[Fraud (Offence)|Fraud involving a testamentary instrument]] ||380(1)(a)|| None ||No | ||
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| [[Fraud (Offence)|Participation in fraud re sale of defective stores]] ||418(2)|| None ||No | | [[Fraud (Offence)|Participation in fraud re sale of defective stores]] ||418(2)|| None ||No | ||
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| [[Intimidation of a Justice System Participant (Offence)|Intimidation of a justice system participant]] ||423.1|| None ||No | |||
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| [[Miscellaneous Fraudulent Offences|Attack on premises, residence or transport of internationally protected person]] ||431|| None ||No | | [[Miscellaneous Fraudulent Offences|Attack on premises, residence or transport of internationally protected person]] ||431|| None ||No | ||
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| [[Miscellaneous Fraudulent Offences|Attack on premises, residence or transport of U.N. or associated personnel]] ||431.1|| None ||No | | [[Miscellaneous Fraudulent Offences|Attack on premises, residence or transport of U.N. or associated personnel]] ||431.1|| None ||No | ||
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| [[Arson (Offence)|Arson — damage to property]] ||434|| None ||No | |||
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| [[Arson (Offence)|Arson causing damage to property (w/out disregard for life as in 433)]] ||434|| None ||No | | [[Arson (Offence)|Arson causing damage to property (w/out disregard for life as in 433)]] ||434|| None ||No | ||
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| [[Arson (Offence)|Arson causing damage to own property (w disregard for life as in 433)]] ||434.1|| None ||No | | [[Arson (Offence)|Arson causing damage to own property (w disregard for life as in 433)]] ||434.1|| None ||No | ||
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| [[Counterfeiting (Offence)| | | [[Counterfeiting (Offence)|Make counterfeit money]] || 449 || None ||No | ||
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| [[Counterfeiting (Offence)|Possession of counterfeit money]] ||450|| None ||No | | [[Counterfeiting (Offence)|Possession of counterfeit money]] || 450 || None ||No | ||
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| [[Counterfeiting (Offence)| | | [[Counterfeiting (Offence)|Use of counterfeit money]] || 452 || None ||No | ||
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| [[Miscellaneous Currency Offences|Clip or utter coin]] ||455|| None ||No | | [[Miscellaneous Currency Offences|Clip or utter coin]] ||455|| None ||No | ||
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| [[Attempts|Attempt or accessory to indictable offence punishable by life imprisonment]] ||463(a)|| None ||No | | [[Attempts|Attempt or accessory to indictable offence punishable by life imprisonment]] ||463(a)|| None ||No | ||
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| [[Criminal Organizations|Commission of offence for criminal organization]] ||467.12(1) || None || Yes (s. 467.14) | |||
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Revision as of 20:14, 12 March 2018
Minimum Punishment is Imprisonment for Life
Offence | Section | Minimums | Mandatory Consecutive Time |
---|---|---|---|
High Treason | 46(1), 47(1) and 745 | 25 years without parole | No |
Treason (overthrow gov't) | 47 (2)(a), (c), or (d) and 745 | N/A | No |
Treason (espionage while at war) | 47 (2)(b) or (e) and 745 | N/A | No |
First Degree Murder | 235 and 745 | 25 years without parole | No *(but see also s. 745.51) |
Second Degree Murder (with prior conviction for murder, war crimes or crimes against humanity) | 235 and 745 | 25 years without parole | No *(but see also s. 745.51) |
Second Degree Murder | 235 and 745 | 10 years without parole | No |
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 | Consecutive Time |
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Attempt or accessory to indictable offence punishable by 14 years | 463(b) | varies | varies |