There are generally 3 scales of offences in the Canadian Criminal Code as measured by the maximum punishments which can be imposed. While maximum penalties are rarely imposed, they are used to determine other rights within the system - such as an accused's entitlement to a jury trial. An accused person is generally entitled to a Jury trial in Canada where the maximum potential punishment is 5 years imprisonment or more.
American resources in relation to sentencing are available from the U.S. Sentencing Commission.
The following list sets out the penalty ranges for offences punishable by a maximum of 5 years imprisonment or more under the Criminal Code. Offences followed by an [s] may be prosecuted under a more informal procedure called summary conviction procedure. In summary conviction matters under the Criminal Code the maximum penalty that can be imposed is usually 6 months imprisonment or a fine of $2,000, or both. Other federal statutes contain offences that may be prosecuted by the summary conviction procedure but result in greater penalties.
The titles used for the offences are descriptive only and do not necessarily
reflect the necessary elements that the Crown needs to prove for a conviction.
High Treason, s.46(1)
Treason, s.46(2) (a), (c), (d)
Treason, s.46(2) (b) and (e): (During a state of war)
First Degree Murder, s.235(1)
Second Degree Murder, s.235(1)
Interference with the Reading of the Riot Act, s.68
Piracy, s.74
Hijacking, s.76
Endangering the Safety of an Aircraft or Airport, s.77
Seizing Control of a Ship or Fixed Platform, s.78.1
Breach of Care Duty with Explosive Causing Death, s.80(a)
Misuse of Explosives and Corrosives, s.81(1)(a) and (b)
Perjury, s.132: If the perjury is evidence in support of a death penalty offence
Criminal Negligence Causing Death, s.220
Manslaughter, s.236
Killing a Child in the Act of Birth, s.238
Attempted Murder, s.239
Accessory After the Fact to Murder, s.240
Using a Drug or Choking to Overcome Resistance, s.246
Interference with Transportation Facilities, s.248
Aggravated Sexual Assault, s.273
Kidnapping, s.279(1)
Hostage Taking, s.279.1
Robbery, s.344
Stopping Mail with Intent to Rob, s.345
Extortion, s.346
Break and Enter of a Dwelling, s.348
Mischief Causing Actual Danger to Life, s.430(2)
Conspiracy to Commit Murder, s.465(1)(a)
Treason, s.46(2) (b) and (e): (Not during a state of war)
Alarming the Monarch, s.49
Assisting an Enemy Alien/ Omitting to Prevent Treason, s.50
Initimidating Parliament or a Legislature, s.51
Inciting Mutiny, s.53
Passport Forgery, s.57(1)
Sedition, s.61
Theft or Interference with a Canadian ship, s.75
Taking an Offensive Weapon or Explosive on an Airplane, s.78
Breach of Care Duty with Explosive Causing Bodily Harm or Property Damage, s.80(b)
Misuse of Explosives, s.81(1)(c) and (d)
Use of a Firearm During an Offence, s.85(1): Minimum 1 or 3 years consecutive
Bribery of the Judiciary, s.119
Bribery of Other Justice System Officers, s.120
Perjury, s.132: Not in relation to a death penalty offence
Giving Contradictory Evidence, s.136
Fabricating Evidence, s.137
Incest, s.155
Living on the Avails of Prostitution of an Under 18, s.212(2)
Counselling or Assisting Suicide, s.241
Discharge of Weapon to Harm or Prevent Arrest, s.244
Administering a Noxious Thing to Endanger Life or Cause Harm, s.245(a)
Dangerous Operation of Vehicles Causing Death, s.249(4)
Impaired Driving Causing Death, s.255(3)
Aggravated Assault, s.268
Torture, s.269.1
Sexual Assault Causing Bodily Harm, s.272
Criminal Breach of Trust, s.336
Public Servant Refusing to Deliver Property, s.337
Break and Enter, s.348: Not a Dwelling
Forgery, s.367
Uttering a Forged Document, s.368
Counterfeiting Money, s.369
Drawing a Document without Authority, s.374
Obtaining Goods on a Forged Document, s.375
Counterfiet Stamps, s.376
Selling Defective Stores to Her Majesty, s.418
Attack on Premises of an Internationally Protected Person, s.431
Arson, ss.434, 434.1
Making Counterfeit Money, s.449
Possession of Counterfeit Money, s.450
Uttering Counterfiet Money, s.452
Clipping and Uttering Clipped Coin, s.455
Making, Having, or Dealing in Instruments for Counterfeiting, s.458
Conveying Instruments for Coining, s.459
Sabatoge, s.52
Possession of a Weapon or Imitation for a Dangerous Purpose, s.87
Possession of a Prohibited Weapon, s.90(1) [s]
Improting Prohibited Weapons, s.95 [s]
Possession of Firearms, Weapons or FAC while Prohibited, s.103(10)
Obstruction of Justice, s.139(2)
Prison Breach, s.144
Sexual Interference, s.151 [s]
Invitation to Sexual Touching, s.152 [s]
Anal Intercourse, s.159 [s]
Bestiality, s.160 [s]
Making or Distributing Child Pornography, s.163.1(2) and (3) [s]
Procuring for the Purpose of Prostitution, s.212
Criminal Negligence Causing Bodily Harm, s.221
Dangerous Operation of Vehicles Causing Bodily Harm, s.249(3)
Impaired Driving Causing Bodily Harm, s.255(2)
Impeding Attempt to Save Life, s.262
Assault Causing Bodily Harm, s.267 [s]
Unlawfully Causing Bodily Harm, s.269 [s]
Sexual Assault, s.271 [s]
Unlawful Seizure or Confinement, s.279(2)
Abduction Under 14, s.281
Abduction in Defiance of a Custody Order, s.282 [s]
Abduction By a Parent of an Under 14, s.283 [s]
Theft over $5,000, s.334(a)
Theft of Cattle, s.338(2)
Destroying Documents of Title, s.340
Theft, Forgery or Fraud with a Credit Card, s.342 [s]
Unauthorized Use of a Computer, s.342.1 [s]
Unlawfully in a Dwelling, s.349
Possession of House-Breaking Instruments, s.351(1)
Being Masked During an Offence, s.351(2)
Possession of Goods Obtained by Crime over $5,000, s.355(a)
Theft from Mail, s.356
Bringing Property Obtained by Crime into Canada, s.357
Obtaining Property over $5,000 by False Pretences, s. 362(2)(a)
Fraud over $5,000, s.380(1)(a)
Fraud in relation to Stocks, s.380(2)
Offences in relation to Mines, s.396
False Prospectus, s.400
Personation, s.403
Mischief in relation to Property over $5,000, s.430(3) [s]
Mischief in relation to data, s.430(5) [s]
Arson with intent to Defraud, s.435
Arson by Negligence, s.436
Interference with a Navigation Buoy, s.439(2)
Laundering the Proceeds of Crime, s.462.31(2)(a) [s]
Conspiracy, s.465(1)(b): If the conspiracy is to prosecute another for a 14 year of life imprisonment offence
Possession of a Forged Passport, s.57(3)
Interference with Military Discipline, s.62
Unlawful Drilling (prohibited miliary skills practice), s.70
Making or Having an Explosive, s.82
Pointing a Firearm, s.86(1) [s]
Careless Handling of a Firearm, s.86(2): 2 or 5 years maximum [s]
Carrying a Concealed Weapon, s.89 [s]
Being in automobile with a known Prohibited Weapon, s.90(2) [s]
Possession of an unregistered Restricted Weapon, s.91(1) [s]
Unauthorized possession of a Restricted Weapon, s.91(2) [s]
Being in automobile with a known Restricted Weapon, s.91(3) [s]
Wrongful Transfer of Firearms, Weapons or Explosives, s.94 [s]
Making an Automatic Firearm, s.95.1 [s]
Wrongful Transfer of a Restricted Weapon, s.96(1) [s]
Importing a Restricted Weapon, s.96(3) [s]
Failing to Report a Lost or Found Weapon or Firearm, s.104(1) and (2) [s]
Defacing or Possessing a Defaced Firearm, s.104(3) [s]
Failing to Record Firearm and Weapon Transactions, s.105(8) [s]
Frauds on the Government, s.121
Breach of Trust By a Public Officer, s.122
Municipal Corruption, s.123
Selling or Purchasing a Public Office, s.124
Dealing in Public Offices, s.125
Public Mischief, s.140 [s]
Corruptly Taking a Reward for Recovery of Goods, s.142
Peace Officer or Official Rescuing or Assisting in an Escape from Custody, s.147
Assisting a Prisoner of War to Escape, s.148
Sexual Exploitation, s.153 [s]
Possession of Child Pornography, s.163.1(3) [s]
Parent Procuring an Under 14 for Sexual Activity with Someone else, s.170
Householder Permitting Prohibited Sexual Activity by an Under 14, s.171
Indignity to a Dead Body, s.182
Unauthorized Interception of a Private Communication, s.184(1)
Child Prostitution, s.212(4)
Infanticide, s.237
Neglect to Obtain Assistance in Childbirth, s.242
Setting Traps Likely to Cause Death or Bodily Harm, s.247
Dangerous Operation of Vehicles, Vessels and Aircraft, s.249(2) [s]
Impaired Driving, s.255(1) [s]
Criminal Harassment, s.264 [s]
Threats to Cause Death or Bodily Harm, s.264.1 [s]
Assault, s.266 [s]
Assault of a Police Officer, s.270 [s]
Removing an Under 18 from Canada, s.273.3 [s]
Abduction of Under 16, s.280
Bigamy, s.291
Procuring a Feigned Marriage, s.292
Polygamy, s.293
Defamatory Libel Known to be False, s.300
Extortion By Defamatory Libel, s.302
Advocacy or Promotion of Genocide, s.318
Fraudulently Defacing Cattle Brands, s.338(1)
Taking Possession of Drift Timber, s.339
Charging a Criminal Interest Rate, s.347 [s]
Obtaining Execution of a Valuable Security by Fraud, s.363
Counterfeiting a Government Proclamation, s.370
Sending a Telegram in a False Name, s.371
Interfering with or Damaging Registers, ss.377, 378
Manipulating Stock Exchange Transactions, s.382
Gaming in Stocks or Merchandise, s.383
Broker Selling to Reduce His Own Account, s.384
Fraudulent Registration of Title Documents, s.386
Fraud in relation to Minerals, s.394
Falsification of Books and Documents, s.397
False Return by a Public Officer, s.399
Personation for Bail, s.405
Purchase of Military Stores, s.420 [s]
Criminal Breach of Contract, s.422 [s]
Threat Against an Internationally-Protected Person, s.424
Secret Commissions, s.426
Failure to do a Duty that Causes Actual Danger to Life, s.430(5.1) [s]
Possession of Incendiary Material, s.436.1
Interference with the Saving of a Wrecked Vessel, s.438
Occupant Injuring a Building, s.441
Interfering with International Boundary Markers, s.443
Injuring or Endangering Cattle, s.444
Possession of Gold or Silver Clippings or Dust, s.451
Advertiusing or Dealing in Counterfiet Money, s.460
Conspiracy, s.465(1)(b): If the conspiracy is to prosecute another for less than a 14 year offence