All Charts

S=Summary H=Hybrid I=Indictable

Crimes Involving Threats or Violence

Offence descriptionCriminal Code SectionS/H/IMinimum penaltyDischarge availableMaximum Penalty
(S)
Maximum Penalty
(I)
Threat to cause death or harm264.1H yes18 mos./$5,000 fine5 yrs.
Criminal harassment264H yes6 mos./$5,000 fine10 yrs.
Assault266H yes6 mos./$5,000 fine5 yrs.
Assault causing bodily harm or with weapon267H yes18 mos./$5,000 fine10 yrs.
Assault police officer, resist arrest270H yes6 mos./$5,000 fine5 yrs.
Aggravated assault268I   14 yrs.
Sexual assault271Hif complainant under 16, 1 yr. (by indictment)
or 90 days (by summary conviction)
yes18 mos./$5,000 fine10 yrs.
Sexual assault with weapon, threats or causing harm (no firearm)272(1)Iif complainant under 16, 5 yrs.  14 yrs.
Sexual assault with weapon, threats or causing harm (use of firearm)272(2)Iif restricted or prohibited firearm is used, or the offence is committed for the benefit of, at the direction of, or in association with criminal organization, 5 yrs., or for a subsequent offence, 7 yrs.; in any other case, 4 yrs.  14 yrs.
Aggravated sexual assault (no firearm)273(1)Iif complainant under 16, 5 yrs.  life
Aggravated sexual assault (use of firearm)273(1)Iif restricted or prohibited firearm is used, or the offence is committed for the benefit of, at the direction of, or in association with criminal organization, 5 yrs., or for a subsequent offence, 7 yrs.; in any other case, 4 yrs.  life

Crimes of Dishonesty

Offence descriptionCriminal Code SectionS/H/IMinimum penaltyDischarge availableMaximum Penalty (S)Maximum Penalty (I)
Theft, $5,000 or less322, 334(b)H yes6 mos./$5,000 fine2 yrs.
Theft over $5,000322, 334(a)I yes 10 yrs.
Possession of stolen property under $5,000354, 355(b)H yes6 mos./$5,000 fine2 yrs.
Possession of stolen property over $5,000354, 355(a)I yes 10 yrs.
Fraud, $5,000 or less380(1)(b)H yes6 mos./$5,000 fine2 yrs.
Fraud over $5,000380(1)(a)I yes 10 yrs.
Take motor vehicle without consent335S yes6 mos./$5,000 fine 
Theft or forgery of credit card342(a),(b)H yes6 mos./$5,000 fine10 yrs.
Use or possess stolen or forged credit card342(c)H yes6 mos./$5,000 fine10 yrs.
Use revoked or cancelled credit card342(d)H yes6 mos./$5,000 fine10 yrs.
Robbery (without firearm)343, 344(b)I   life
Robbery (with firearm)343, 344(a)I4 yrs.  life
Extortion (without firearm)346(1), (1.1)(b)I   life
Extortion (with firearm)346(1), (1.1)(a)I4 yrs.  life
Break and enter with intent, committing indictable offence (dwelling house)348I   life
Break and enter with intent, committing indictable offence (non-dwelling house)348H yes6 mos./$5,00010 yrs.

Crimes of Sexual Immorality

Offence descriptionCriminal Code SectionS/H/IMinimum penaltyDischarge availableMaximum Penalty (S)Maximum Penalty (I)
Indecent act173(1)H yes6 mos./$5,000 fine2 yrs.
Indecent act: Exposing
genitals to
person
under 16
173(2)H90 days (by indictment), 30 days (by summary conviction)yes6 mos./$5,000 fine2 yrs.
Keeping a common bawdy-house*210(1)I yes 2 yrs.
Inmate or found in a common bawdy-house*210(2)S yes6 mos./$5,000 fine 
Obtain sexual services of a person under 18 yrs.212(4)I 6 mos.yes 5 yrs.

Driving Offences

Offence descriptionCriminal Code SectionS/H/IMinimum penaltyDischarge availableMaximum Penalty (S)Maximum Penalty (I)
Dangerous Driving (no injury)249(1)H yes6 mos./$5,000 fine5 yrs.
Dangerous Driving (injury occurs)249(3)I yes 10 yrs.
Flee Police249.1H yes6 mos./$5,000 fine5 yrs.
Flee Police (injury caused
by dangerous driving)
249.1(4)(a)I   14 yrs.
Flee Police
(death caused
by dangerous driving)
249.1(4)(b)I   life imprisonment
Fail to Stop at Scene of Accident252H yes6 mos./$5,000 fine5 yrs.
Fail to Stop at Scene of Accident (knowing person hurt in accident)252I yes 10 yrs.
Fail to Stop at Scene of Accident (knowing person killed in accident)252I   life imprisonment
Driving or Care or Control while Impaired or Over 80 mgs.253H$1,000 fine for first offence; 30 days for second; 120 days for thirdCurative discharge available in some provinces (not Ont.)18 mos./$5,000 fine5 yrs.
Refuse or fail to provide a breath or blood sample254(5)H$1,000 fine for first offence; 30 days for second; 120 days for third 18 mos./$5,000 fine5 yrs.
Refuse or fail to comply with demand intended to determine whether ability to operate motor vehicle impaired by drug254(5)H$1,000 fine for first offence; 30 days for second; 120 days for third 18 mos./$5,000 fine5 yrs.
Impaired Driving Causing Bodily Harm255(2)I yes 10 yrs.
Driving Over 80 mgs. Causing Bodily Harm255(2.1)I yes 10 yrs.
Refuse or fail to provide breath sample knowing operation of motor vehicle caused accident resulting in bodily harm255(2.2)I yes 10 yrs.
Refuse or fail to comply with demand intended to determine whether ability to operate motor vehicle impaired by drug knowing
operation of motor vehicle caused accident resulting in bodily harm
255(2.2)I yes 10 yrs.
Impaired Driving Causing Death255(3)I   life imprisonment
Driving Over 80 mgs. Causing Death255(3.1)I   life imprisonment
Refuse or fail to provide breath sample knowing operation of motor vehicle caused accident resulting in death255(3.2)I   life imprisonment
Refuse or fail to comply with demand intended to determine whether ability to operate motor vehicle impaired by drug knowing
operation of motor vehicle caused accident resulting in death
255(3.2)I   life imprisonment
Drive Disqualified259(4)H yes6 mos./$5,000 fine2 yrs.

Drug Offences

Offence descriptionControlled Drugs and Substances Act SectionS/H/IMinimum penaltyDischarge availableMaximum Penalty (S)Maximum Penalty (I)
Possession of marijuana (up to 30 gms.) or hashish (up to 1 gm.)4(1)S yes6 mos./$1,000 fine 
Possession of marijuana or hashish4(1)H yes6 mos./$1,000 – 1st offence; 1 yr./$2,000 – subsequent offence5 yrs. less a day
Possession of cocaine or heroin4(1)H yes6 mos./$1,000 – 1st offence; 1 yr./$2,000 – subsequent offence7 yrs.
Possession of amphetamines, LSD, mescaline, or psilocybin4(1)H yes6 mos./$1,000 – 1st offence; 1 yr./$2,000 – subsequent offence3 yrs.
Trafficking in marijuana or hashish or possession for the purpose of trafficking (up to 3 kgs.)5I yes 5 yrs. less a day
Trafficking in marijuana or hashish or possession for the purpose of trafficking (over 3 kgs.)5I1 yr. if you commit the offence (a) for a criminal organization; (b) use or threaten violence in its commission (c) carry, use or threaten to use a weapon in its commission, or (d) within the previous 10 years, you were convicted of a designated substance offence*; 2 yrs. if you commit the offence (a) in or near a school or any other public place usually frequented by minors (b) at a prison, or (c) with the assistance or involvement of a minor  life imprisonment
Trafficking in cocaine or heroin or possession for the purpose of trafficking5Isame minimums as noted above  life imprisonment
Trafficking in amphetamines, LSD, mescaline, or psilocybin or possession for the purpose of trafficking5H yes18 mos./$5,000 fine10 yrs.
Trafficking in barbituates or anabolic steroids or possession for the purpose of trafficking5H yes1 yr./$5,000 fine3 yrs.
Importing, exporting marijuana or hashish, or up to one kg. of heroin or cocaine6I1 yr. if you commit the offence (a) for trafficking; (b) you abuse a position of trust or authority while committing the offence, or (c) you have access to an area that is restricted to authorized persons and use that access to commit the offence  life imprisonment
Importing, exporting heroin or cocaine (more than one kg.)6I2 yrs.  life imprisonment
Importing, exporting amphetamines, LSD, mescaline, or psilocybin6H yes18 mos./$5,000 fine10 yrs.
Cultivation of marijuana7I(i) 6 mos. if there are between 6-200 plants and the production is for trafficking;
(ii) 9 mos. for between 6-200 plants, the production is for trafficking and any of the following apply: (a)
you use real property that belongs to a third party to commit the offence; (b) the production could endanger the security,
health or safety of minors at or close to the offence location, (c) the production constitutes a potential public safety hazard in a residential area,
or (d) you set or place a trap, device or other thing that is likely to cause death or bodily harm to another person in or close to the offence location,
or permit such a trap, device or other thing to remain or be placed in that location or area
(iii) 1 yr. for between 201-500 plants;
(iv) 18 months for between 201-500 plants and any of the factors (a through d, in italics, above) apply;
(v) 2 yrs. for more than 500 plants, or (vi) 3 yrs. for more than 500 plants if any of the factors (a through d, in italics, above) apply
no longer available (since November 6, 2012)** 14 yrs.**
Production of hashish7I1 yr. if the production is for trafficking; 18 months if the production is
for trafficking and any of the four factors (a through d, in italics) noted above under cultivation of marijuana apply
  life imprisonment
Production of cocaine or heroin7I2 yrs.; 3 yrs. if any of the four factors (a through d, in italics) noted above under cultivation of marijuana apply  life imprisonment
Production of amphetamines, LSD, mescaline, or psilocybin7H yes18 mos./$5,000 fine10 yrs.
Production of barbituates or anabolic steroids7H yes1 yr./$5,000 fine3 yrs.

Offences Against Administration of Law and Justice

Offence descriptionCriminal Code SectionS/H/IMinimum penaltyDischarge availableMaximum Penalty (S)Maximum Penalty (I)
Public Mischief140H yes6 mos./$5,000 fine5 yrs.
Fail to comply with bail condition145(3)H yes6 mos./$5,000 fine2 yrs.
Fail to comply with probation order733.1(1)H yes18 mos./$5,000 fine2 yrs.
Fail to attend court145(2)H yes6 mos./$5,000 fine2 yrs.
Personate police officer130H yes6 mos./$5,000 fine2 yrs.
Obstruct police129H yes6 mos./$5,000 fine2 yrs.
Obstruct justice (idemnifying surety or surety accepting fee)139(1)H yes6 mos./$5,000 fine2 yrs.
Obstruct justice (includes threatening or bribing juror or witness)139(2)I yes 10 yrs.
Perjury131, 132I   14 yrs.

Weapons Offences

Offence descriptionCriminal Code SectionS/H/IMinimum penaltyDischarge availableMaximum Penalty (S)Maximum Penalty (I)
Careless storage or use or handling of firearm86H yes6 mos./$5,000 fine2 yrs. (1st offence); 5 yrs. (subsequent offence)
Pointing a firearm87H yes6 mos./$5,000 fine5 yrs.
Weapons dangerous88H yes6 mos./$5,000 fine10 yrs.
Carrying concealed weapon90H yes6 mos./$5,000 fine5 yrs.
Unauthorized possession of firearm91H yes6 mos./$5,000 fine5 yrs.
Possession of firearm knowing possession unauthorized92I1 yr. for 2d offence; 2 yrs. less a day for 3dyes (first offence only) 10 yrs.
Possession of restricted weapon with ammunition95*H3 yrs. for 1st offence; 5 yrs. for 2d (indictment only)yes (summary conviction only)1 yr./$5,000 fine10 yrs.

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