List of Straight Indictable Offences

This page was last substantively updated or reviewed January 2021. (Rev. # 81018)

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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

Offence	Section	Minimums	Mandatory Consecutive Time
Interfering with reading of riot proclamation or refusing to cease participation in riot	68	None	No
Piracy by law of nations	74	None	No
Hijacking	76	None	No
Endangering safety of aircraft or airport	77	None	No
Seizing control of ship or fixed platform	78.1(1)	None	No
Violent act on board a shop or platform	78.1(2)	None	No
False information re safe navigation	78.1(3)	None	No
Threats to commit offences at 78.1(2)	78.1(4)	None	No
Breach of duty of care re explosives endangering life	80(a)	None	No
Intending to cause explosion or use corrosive substance with intent to cause death or serious harm	81(1)(a), (b) and 81(2)(a)	None	No
Possession, etc., of nuclear material, radioactive material or device	82.3	None	No
Use or alteration of nuclear material, radioactive material or device	82.4	None	No
Commission of indictable offence to obtain nuclear material, etc.	82.5	None	No
Committing an Offence for a Terrorist Group	83.2	None	Yes (s. 83.26)
Instructing activity for terrorist group	83.21(1)	None	Yes (s. 83.26)
Instructing terrorist activity	83.22(1)	None	Yes (s. 83.26)
Hoax re terrorist activity (causing death)	83.231(4)	None	No
Break and enter to steal firearm	98(4)	None	No
Robbery to steal firearm	98.1	None	No
Causing death by criminal negligence (involving the use of a firearm)	220(a)	4 years imprisonment	No
Negligence causing death (no firearm)	220(b)	None	No
Manslaughter (involving use of a firearm)	236(a)	4 years	No
Manslaughter (not involving use of a firearm)	236(b)	None	No
Killing unborn child in act of birth	238	None	No
Attempted Murder (with restricted or prohibited firearm)	239(1)(a)(i) and (ii)	5 or 7 years with prior	No
Attempt to commit murder (use of a firearm which is not a restricted or prohibited firearm)	239(1)(a.1)	4 years	No
Attempt to commit murder (no use of a firearm)	239(1)(b)	None	No
Accessory after fact to murder	240	None	No
Overcoming resistance to commission of offence	246	None	No
Interfere with transportation likely to cause death	248	None	No
Manslaughter (Failure to safeguard ice opening or excavation resulting in death)	236, 263(3)(a)	None	No
Sexual assault with a weapon or causing bodily harm, victim under 16 From July 17, 2015	272(2)(a.2)	5 years jail	Yes (s. 718.3(7))a
Aggravated sexual assault victim under 16 years From November 6, 2012	273(2)(a.2)	5 years jail	Yes (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	No
Aggravated sexual assault with a non restricted firearm	273(2)(a.1)	4 years	No
Aggravated sexual assault without a firearm	273(2)(b)	None	No
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	No
Kidnapping, trafficking in persons, hostage taking and abduction with a non-restricted firearm	279(1.1)(a.1)	4 years	No
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	No
Kidnapping, trafficking in persons, hostage taking and abduction without a firearm	279(1.1)(b)	None	No
Hostage taking with restricted firearm or for benefit of criminal organization	279.1(2)(a)(i) and (ii)	5 or 7 years with prior	No
Hostage taking with a non-restricted firearm	279.1(2)(a.1)	4 years	No
Hostage taking (without aggravating elements)	279.1(2)(b)	None	No
Trafficking in persons (kidnap, aggravated assault, aggravated sexual assault, or death)	279.01(1)(a)	5 years	No
Trafficking in persons under the age of 18 years (kidnap, aggravated assault, aggravated sexual assault, or death)	279.011(a)	6 years	Yes (s. 718.3(7))a
Abortion	287(1)	None	No
dangerous operation when accident causes death From December 18, 2018	320.13(3), 320.21	$1,000 fine, 30 days or 90 days jail	No
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	No
Refusal When Accident Resulting in Death From December 18, 2018	320.15(3), 320.21	$1,000 fine, 30 days or 90 days jail	No
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	No
Robbery	344	None	No
Robbery with non restricted firearm	344(1)(a.1)	4 years	No
Robbery with restricted firearm or for benefit of criminal organization	344(1)(a)(i) and (ii)	5 or 7 years with prior	No
Stopping mail with intent to obtain	345	None	No
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	No
Extortion (with non restricted firearm)	346(1.1)(a.1)	4 years	No
Extortion (no firearm or other aggravating facts)	346(1.1)(b)	None	No
Break and Enter into a Dwelling House	348(1)(d)	None	No
Mischief causing actual danger to life	430(2)	None	No
Explosives offence re public or government facility	431.2(2)	None	No
Arson (disregard for human life)	433	None	No
Conspiracy to commit murder	465(1)(a)	None	No
Instructing commission of offence for criminal organization	467.13(1)	None	Yes (s. 467.14)
First or Second Degree Murder (Young Offender)	745.1	5 to 7, 10 years (variable)	No
Drug Trafficking (Schedule I)	CDSA 5	None	No
Drug Trafficking (Schedule I), with relevant aggravating factors (crim. org., violence, weapons, prior record) From March 13, 2012	CDSA 5	1 year	No
Drug Trafficking (Schedule I), with relevant aggravating factors (near school, near or with young persons, in prison) From March 13, 2012	CDSA 5	2 year	No
Drug Trafficking (Schedule II)	CDSA 5	None	No
Drug Trafficking (Schedule II), with relevant aggravating factors (crim. org., violence, weapons, prior record) From March 13, 2012	CDSA 5	1 year	No
Drug Trafficking (Schedule II) with relevant aggravating factors (near school, near or with young persons, in prison) From March 13, 2012	CDSA 5	2 year	No
Importation and exportation of drugs (Schedule I), not greater than 1 kg From March 13, 2012	CDSA 6	None	No
Importation and exportation of drugs (Schedule I), not greater than 1 kg and aggravating factors From March 13, 2012	CDSA 6	1 year	No
Importation and exportation of drugs (Schedule I), greater than 1 kg From March 13, 2012	CDSA 6	2 years imprisonment	No
Importation and exportation of drugs (Schedule II)	CDSA 6	None	No
Importation and exportation of drugs (Schedule II) with aggravating factors From March 13, 2012	CDSA 6	1 year	No

Maximum Punishment is Imprisonment for 14 Years

Offence	Section	Minimums	Mandatory Consecutive Time
Treason (espionage while not at war)	47(2)(c)	None	No
Assist alien enemy	50(1)(a) and 50(2)	None	No
Omission to prevent treason	50(1)(b) and 50(2)	None	No
Intimidating Parliament	51	None	No
Inciting to mutiny	53	None	No
Forgery of or uttering forged passport	57(1)	None	No
Sedition	61	None	No
Piratical acts	75	None	No
Offensive weapons and explosives on aircraft	78	None	No
Breach of duty of care re explosives risking bodily harm	80(b)	None	No
Possession of explosive with intent to destroy property or intent to endanger life	81(1)(c),(d) and 81(2)(b)	None	No
Possession of explosive for criminal organization	82(2)	None	Yes (s. 82.1)
Threats to commit an offence relating to nuclear materials	82.6	None	No
Facilitating terrorist activity	83.19(1)	None	Yes (s. 83.26)
Leaving Canada to facilitate terrorist activity	83.191	None	Yes (s. 83.26)
Leaving Canada to commit offence for terrorist group	83.201	None	Yes (s. 83.26)
Leaving Canada to commit offence that is terrorist activity	83.202	None	Yes (s. 83.26)
Harbouring or concealing terrorist who committed an offence with maximum penalty of life	83.23(1)(a)	None	Yes (s. 83.26)
Using firearm in commission of offence	85(1)	1 year or 3 years with prior	Yes (s. 85(3))
Using an imitation firearm in commission of offence	85(2)	1 year or 3 years with prior	Yes (s. 85(3))
Bribery of judicial officers or member of a legislature	119(1)	None	No
Bribery of public officers	120	None	No
Perjury	131, 132	None	No
Witness giving contradictory evidence	136(1)	None	No
Fabricating	137	None	No
Sexual interference	151	1 year or less jail	Yes (s. 718.3(7))a
Invitation to sexual touching	152	1 year or less jail	Yes (s. 718.3(7))a
Making of child pornography after July 17, 2015	163.1(2)	1 year or less jail	Yes (s. 718.3(7))a
Distribution child pornography after July 17, 2015	163.1(3)	1 year or less jail	Yes (s. 718.3(7))a
Parent or guardian procuring sexual activity under 16 From July 17, 2015	170	1 year	Yes (s. 718.3(7))a
Householder permitting sexual activity under 18 From July 17, 2015	171	1 year	Yes (s. 718.3(7))a
Living on the avails of prostitution of person under eighteen (no parasitic involvement)	212	2 years jail	Yes (s. 718.3(7))a
Procuring involving person under 18 (with parasitic involvement)	212(2.1)	5 years jail	Yes (s. 718.3(7))a
Counselling suicide	241	None	No
Discharging firearms with intent to wound (with aggravated factors)	244(2)(a)(i) and (ii)	Minimum of 5 or 7 years with prior	No
Discharging firearms with intent to wound, maim, etc. (without aggravating factors)	244(2)(b)	4 years jail	No
Causing bodily harm with air gun with intent	244.1	None	No
Discharging firearm — recklessness (without aggravating factors	244.2	4 years jail	No
Discharging firearm — recklessness (with aggravating factors	244.2	Minimum of 5 or 7 years with prior	No
Administer noxious thing with intent to endanger life	245(1)(a)	None	No
Keep trap and cause bodily harm in place to commit offence	247(4)	None	No
Aggravated Assault	268	None	No
Torture	269.1	None	No
Aggravated assault of peace officer	270.02	None	Yes (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	No
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
Sexual assault with a weapon (no aggravating elements)	272(2)(b)	None	No
Sexual assault causing bodily harm (no aggravating elements)	272(2)(b)	None	No
Sexual assault with weapon that is not a firearm, threats to a third party or causing bodily harm	272(2)(b)	None	No
Trafficking in persons (without enumerated aggravating factors)	279.01(2)	4 years imprisonment	No
Trafficking in persons under the age of 18 years (without enumerated aggravating factors)	279.011(b)	5 years	No
Profiting from trafficking in persons	279.02(2)	2 years imprisonment	No
Material benefit from sexual services — person under 18 years	286.2(2)	2 years jail	No
Procuring — person 18 years or over	286.3	None	No
Procuring — person under 18 years	286.3	5 years jail	No
Breach of trust	336	None	No
Trafficking in stolen property over $5,000	355.2, 355.5	None	No
Poss'n for the purpose of trafficking in stolen property over $5,000	355.4, 355.5	None	No
Offence involving exchequer bill paper, public seal	369	None	No
Drawing document without authority	374	None	No
Obtaining instrument based on forged document	375	None	No
Counterfeiting stamp	376(1)	None	No
Counterfeiting mark	376(2)	None	No
Fraud Over $5,000 after September 1, 2004	380(1)(a)	2 years jail (over $1 mill., s. 380(1.1))	No
Fraud involving a testamentary instrument	380(1)(a)	None	No
Fraud affecting public markets of stocks, etc.	380(2)	None	No
Sale of defective stores to Her Majesty	418(1)	None	No
Participation in fraud re sale of defective stores	418(2)	None	No
Intimidation of a justice system participant	423.1	None	No
Attack on premises, residence or transport of internationally protected person	431	None	No
Attack on premises, residence or transport of U.N. or associated personnel	431.1	None	No
Arson — damage to property	434	None	No
Arson causing damage to property (w/out disregard for life as in 433)	434	None	No
Arson causing damage to own property (w disregard for life as in 433)	434.1	None	No
Make counterfeit money	449	None	No
Possession of counterfeit money	450	None	No
Use of counterfeit money	452	None	No
Clip or utter coin	455	None	No
Possession of materials for counterfeiting	458	None	No
Conveying instruments for counterfeiting from mint	459	None	No
Attempt or accessory to indictable offence punishable by life imprisonment	463(a)	None	No
Commission of offence for criminal organization	467.12(1)	None	Yes (s. 467.14)
drug production (cannabis) (between 5 and 201 plants for purpose of trafficking)	CDSA 7(2)(b)	6 months	No
drug production (cannabis) (between 5 and 201 plants for purpose of trafficking with aggravating factors)	CDSA 7(2)(b)	9 months	No
drug production (cannabis) (between 201 and 501 plants for purpose of trafficking)	CDSA 7(2)(b)	1 year	No
drug production (cannabis) (between 201 and 501 plants for purpose of trafficking with aggravating factors)	CDSA 7(2)(b)	18 months	No
drug production (cannabis) (greater than 500 plants for purpose of trafficking)	CDSA 7(2)(b)	2 years	No
drug production (cannabis) (greater than 500 plants for purpose of trafficking with aggravating factors)	CDSA 7(2)(b)	3 years	No

Maximum Punishment of 10 Years

Offence	Section	Minimums	Mandatory Consecutive Time
Provide or collect property to further terrorism	83.02	None	Yes (s. 83.26)
Provide property or services to further terrorism	83.03	None	Yes (s. 83.26)
Use or possession of property to further terrorism	83.04	None	Yes (s. 83.26)
Participation in terrorist activity	83.18	None	Yes (s. 83.26)
Leaving Canada to participate in activity of terrorist group	83.181	None	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	Yes (s. 83.26)
Harbouring or concealing person who is likely to carry out terrorist activity	83.23(2)	None	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
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
Weapons Trafficking (with any aggravating elements made out)	99(2)(a) and 99(2)(b)	3 or 5 years jail with prior	No
Weapons trafficking (w/out aggravating factors)	99(3)	1 year	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
Possession for purpose of weapons trafficking ((w/out aggravating factors)	100(3)	1 year	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
Knowingly importing or exporting unauthorized firearms (w/out aggravating factors)	103(2.1)	1 year jail	No
Procuring	212(1)	None	No
Dangerous operation of motor vehicle cause bodily harm	249(3)	None	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

• 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