|Define/ Describe the Offence||State the Section of the Criminal Code||Summary, Indictable, or Hybrid||Minimum and/or Maximum Penalty|
|Abortion||Legal in Canada up to the point of the baby passing through the birth canal.||–||–||–|
|Theft Over $5000||An indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars;||s.334 (a) (b)||Indictable||Max: 10 years|
|Theft Under $5000||Of an offence punishable on summary conviction, |
where the value of what is stolen does not exceed five thousand dollars.
|s.334 (i) (ii)||Summary||Max: 2 years|
|Robbery||Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done.||s.346 (1)||Indictable||Max: Life Imprisonment|
|Break and Enter||Every one who, without lawful excuse, the proof of which lies on him, has in his possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for any such purpose, is guilty of an indictable offence….||s.348||Hybrid||Max: 10 year |
Summary: 6 mos./$5,000
|Possession of Stolen Goods||Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from.||354, |
|Hybrid||Under $5000: 6 mos./$5,000 fine |
Over $5000: 10 yrs
|Abduction||Everyone who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that |
|s.283 (1)||Hybrid||Indictable (Max): 10 yrs |
|Arson||Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property.||s.433 (a)(b)||Hybrid||Max for Indictable: Life in Prison|
|Mischief||Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by: |
(a) making a false statement that accuses some other person of having committed an offence; (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself; (c) reporting that an offence has been committed when it has not been committed;
|s.140||Hybrid||Max for Indictable: 5 yrs. |
Max for Summary: 6 mos./$5,000 fine
|Weapons||Carrying concealed weapon||s.90||Hybrid||Max: 5 yrs. |
Min: 6 mos./$5,000 fine
|Gambling||The Criminal Code prohibits gambling that is not authorized through provincial legislation- forms of legal gambling vary from each province.||Given the current provisions of the Criminal Code, it is apparent that modern |
criminal law in Canada has not been deployed for the purpose of controlling or
Preventing either the operation of or participation in gambling activities.
|Prostitution (Procuring & Soliciting)||Every person who in a public place or in any place open to public view is guilty of prostitution if they: (a) stops or attempts to stop any motor vehicle,(b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place, or (c) stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person||s.213 (1)||Summary||Fine; varys|
|Criminal Negligence||Everyone is criminally negligent who: (a) in doing anything, or (b) in omitting to do anything that it is his duty to do (shows wanton or reckless disregard for the lives or safety of other persons.)||s.219, 220, 221||Hybrid||Causing death by criminal negligence: imprisonment for life |
Causing bodily harm by criminal negligence: 10 yrs
|Fraud||Everyone who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service.||s.380 (1)||Hybrid||Under $5000: |
Min: 6 mos./$5,000 fine
Max: 2 yrs.
Max: 10 yrs.
|Terrorism||Terrorism is, most simply, policy intended to intimidate or cause terror. It is more commonly understood as an act which (1) is intended to create fear (terror), (2) is perpetrated for an ideological goal (as opposed to a materialistic goal or a lone attack), and (3) deliberately targets (or disregards the safety of) non-combatants.||s.83||Indictable||Max for Indictable: Life in Prison|
|Obscenity||Every one commits an offense who: (a) makes, prints, publishes, distributes, circulates, or has in his possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or other thing whatever; or (b) makes, prints, publishes, distributes, sells or has in his possession for the purposes of publication, distribution or circulation a crime comic.||s. 163||Obscenity involving hateful material: Hybrid |
Obscenity involving child pornography: Indictable
|The Criminal Code does not specifically outline the exact punishment for this crime but does indicate all the potential defences and reasoning for it.|
|Criminal Harassment||Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 and the person committing that offence intended to cause the person murdered to fear for the safety of the person murdered or the safety of anyone known to the person murdered.||s. 264||Hybrid||Summary: 6 mos./$5,000 fine |
Indictable: 5 yrs
|Corruption and Abandonment of Children||Where a woman by any wilful act or omission causes the |
death of her child, being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effects of giving birth.
|s. 245||Indictable||Max: 20 years|
Cite this article as: William Anderson (Schoolworkhelper Editorial Team), "Canadian Crimes and Penalties," in SchoolWorkHelper, 2022, https://schoolworkhelper.net/canadian-crimes-and-penalties/.