Ron Jourard
Criminal Lawyer, Toronto, Ontario
www.defencelaw.com
Tel. (416) 398-6685
Toll free (Canada and U.S.) 1-888-257-0002
Email: jourard@defencelaw.com

Criminal Offence Penalty Charts

Compiled by Ron Jourard

This article last updated March 16, 2014

Return to Penalty Chart index or defencelaw.com home page.

Driving Offences

S=Summary H=Hybrid I=Indictable

Offence description Criminal Code Section S/H/I Minimum penalty Discharge available Maximum Penalty
(S)
Maximum Penalty
(I)
Dangerous Driving (no injury) 249(1) H   yes 6 mos./$5,000 fine 5 yrs.
Dangerous Driving (injury occurs) 249(3) I   yes   10 yrs.
Flee Police 249.1 H   yes 6 mos./$5,000 fine 5 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 Accident 252 H   yes 6 mos./$5,000 fine 5 yrs.
Fail to Stop at Scene of Accident (knowing person hurt in accident) 252 I   yes   10 yrs.
Fail to Stop at Scene of Accident (knowing person killed in accident) 252 I       life imprisonment
Driving or Care or Control while Impaired or Over 80 mgs. 253 H $1,000 fine for first offence; 30 days for second; 120 days for third Curative discharge available in some provinces (not Ont.) 18 mos./$5,000 fine 5 yrs.
Refuse or fail to provide a breath or blood sample 254(5) H $1,000 fine for first offence; 30 days for second; 120 days for third   18 mos./$5,000 fine 5 yrs.
Refuse or fail to comply with demand intended to determine whether ability to operate motor vehicle impaired by drug 254(5) H $1,000 fine for first offence; 30 days for second; 120 days for third   18 mos./$5,000 fine 5 yrs.
Impaired Driving Causing Bodily Harm 255(2) I   yes   10 yrs.
Driving Over 80 mgs. Causing Bodily Harm 255(2.1) I   yes   10 yrs.
Refuse or fail to provide breath sample knowing operation of motor vehicle caused accident resulting in bodily harm 255(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 Death 255(3) I       life imprisonment
Driving Over 80 mgs. Causing Death 255(3.1) I       life imprisonment
Refuse or fail to provide breath sample knowing operation of motor vehicle caused accident resulting in death 255(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 Disqualified 259(4) H   yes 6 mos./$5,000 fine 2 yrs.



Crimes of dishonesty

S=Summary H=Hybrid I=Indictable

Offence description Criminal Code Section S/H/I Minimum penalty Discharge available Maximum Penalty
(S)
Maximum Penalty
(I)
Theft, $5,000 or less 322,
334(b)
H   yes 6 mos./$5,000 fine 2 yrs.
Theft over $5,000 322,
334(a)
I   yes   10 yrs.
Possession of stolen property under $5,000 354,
355(b)
H   yes 6 mos./$5,000 fine 2 yrs.
Possession of stolen property over $5,000 354,
355(a)
I   yes   10 yrs.
Fraud, $5,000 or less 380(1)(b) H   yes 6 mos./$5,000 fine 2 yrs.
Fraud over $5,000 380(1)(a) I   yes   10 yrs.
Take motor vehicle without consent 335 S   yes 6 mos./$5,000 fine  
Theft or forgery of credit card 342(a),(b) H   yes 6 mos./$5,000 fine 10 yrs.
Use or possess stolen or forged credit card 342(c) H   yes 6 mos./$5,000 fine 10 yrs.
Use revoked or cancelled credit card 342(d) H   yes 6 mos./$5,000 fine 10 yrs.
Robbery (without firearm) 343,
344(b)
I       life
Robbery (with firearm) 343,
344(a)
I 4 yrs.     life
Extortion (without firearm) 346(1),
(1.1)(b)
I       life
Extortion (with firearm) 346(1),
(1.1)(a)
I 4 yrs.     life
Break and enter with intent, committing indictable offence (dwelling house) 348 I       life
Break and enter with intent, committing indictable offence (non-dwelling house) 348 H   yes 6 mos./$5,000 10 yrs.



Weapons offences

S=Summary H=Hybrid I=Indictable

Offence description Criminal Code Section S/H/I Minimum penalty Discharge available Maximum Penalty
(S)
Maximum Penalty
(I)
Careless storage or use or handling of firearm 86 H   yes 6 mos./$5,000 fine 2 yrs. (1st offence); 5 yrs. (subsequent offence)
Pointing a firearm 87 H   yes 6 mos./$5,000 fine 5 yrs.
Weapons dangerous 88 H   yes 6 mos./$5,000 fine 10 yrs.
Carrying concealed weapon 90 H   yes 6 mos./$5,000 fine 5 yrs.
Unauthorized possession of firearm 91 H   yes 6 mos./$5,000 fine 5 yrs.
Possession of firearm knowing possession unauthorized 92 I 1 yr. for 2d offence; 2 yrs. less a day for 3d yes (first offence only)   10 yrs.
Possession of restricted weapon with ammunition 95* H 3 yrs. for 1st offence; 5 yrs. for 2d (indictment only) yes (summary conviction only) 1 yr./$5,000 fine 10 yrs.

*The Ontario Court of Appeal in a pair of rulings on November 12, 2013, struck down the three-year mandatory minimum sentence for a first offence under s. 95(2) of the Criminal Code. See R. v. Nur and R. v. Smickle . At the same time, the court also struck down the five-year mandatory mimimum for a repeat firearm offence. See R. v. Charles.




Crimes involving threats or violence

S=Summary H=Hybrid I=Indictable

Offence description Criminal Code Section S/H/I Minimum penalty Discharge available Maximum Penalty
(S)
Maximum Penalty
(I)
Threat to cause death or harm 264.1 H   yes 18 mos./$5,000 fine 5 yrs.
Criminal harassment 264 H   yes 6 mos./$5,000 fine 10 yrs.
Assault 266 H   yes 6 mos./$5,000 fine 5 yrs.
Assault causing bodily harm or with weapon 267 H   yes 18 mos./$5,000 fine 10 yrs.
Assault police officer, resist arrest 270 H   yes 6 mos./$5,000 fine 5 yrs.
Aggravated assault 268 I       14 yrs.
Sexual assault 271 H if complainant under 16, 1 yr. (by indictment)
or 90 days (by summary conviction)
yes 18 mos./$5,000 fine 10 yrs.
Sexual assault with weapon, threats or causing harm (no firearm) 272(1) I if complainant under 16, 5 yrs.     14 yrs.
Sexual assault with weapon, threats or causing harm (use of firearm) 272(2) I if 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) I if complainant under 16, 5 yrs.     life
Aggravated sexual assault (use of firearm) 273(1) I if 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



Drug Offences

S=Summary H=Hybrid I=Indictable

Offence description Controlled Drugs and Substances Act Section S/H/I Minimum penalty Discharge available Maximum Penalty
(S)
Maximum Penalty
(I)
Possession of marijuana (up to 30 gms.) or hashish (up to 1 gm.) 4(1) S   yes 6 mos./$1,000 fine  
Possession of marijuana or hashish
4(1) H   yes 6 mos./$1,000 - 1st offence; 1 yr./$2,000 - subsequent offence 5 yrs. less a day
Possession of cocaine or heroin 4(1) H   yes 6 mos./$1,000 - 1st offence; 1 yr./$2,000 - subsequent offence 7 yrs.
Possession of amphetamines, LSD, mescaline, or psilocybin 4(1) H   yes 6 mos./$1,000 - 1st offence; 1 yr./$2,000 - subsequent offence 3 yrs.
Trafficking in marijuana or hashish or possession for the purpose of trafficking (up to 3 kgs.) 5 I   yes   5 yrs. less a day
Trafficking in marijuana or hashish or possession for the purpose of trafficking (3 kgs. or more) 5 I 1 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 trafficking 5 I same minimums as noted above     life imprisonment
Trafficking in amphetamines, LSD, mescaline, or psilocybin or possession for the purpose of trafficking 5 H   yes 18 mos./$5,000 fine 10 yrs.
Trafficking in barbituates or anabolic steroids or possession for the purpose of trafficking 5 H   yes 1 yr./$5,000 fine 3 yrs.
Importing, exporting marijuana or hashish, or up to one kg. of heroin or cocaine 6 I 1 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.) 6 I 2 yrs.     life imprisonment
Importing, exporting amphetamines, LSD, mescaline, or psilocybin 6 H   yes 18 mos./$5,000 fine 10 yrs.
Cultivation of marijuana 7 I (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 hashish 7 I 1 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 heroin 7 I 2 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 psilocybin 7 H   yes 18 mos./$5,000 fine 10 yrs.
Production of barbituates or anabolic steroids 7 H   yes 1 yr./$5,000 fine 3 yrs.

*A designated drug offence includes trafficking, possession for the purpose of trafficking, importing, exporting, production, or conspiracy or attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, any of these offences. It does not include simple possession.

**A discharge is no longer available because the maximum jail penalty is now 14 yrs., up from seven. The change flows from the Conservative government’s omnibus Safe Streets and Communities Act. The same day this change took effect, Washington and Colorado both voted in favour of removing criminal penalties for the possession and sale of recreational marijuana.




Offences against administration of law and justice

S=Summary H=Hybrid I=Indictable

Offence description Criminal Code Section S/H/I Minimum penalty Discharge available Maximum Penalty
(S)
Maximum Penalty
(I)
Public Mischief 140 H   yes 6 mos./$5,000 fine 5 yrs.
Fail to comply with bail condition 145(3) H   yes 6 mos./$5,000 fine 2 yrs.
Fail to comply with probation order 733.1(1) H   yes 18 mos./$5,000 fine 2 yrs.
Fail to attend court 145(2) H   yes 6 mos./$5,000 fine 2 yrs.
Personate police officer 130 S   yes 6 mos./$5,000 fine  
Obstruct police 129 H   yes 6 mos./$5,000 fine 2 yrs.
Obstruct justice (idemnifying surety or surety accepting fee) 139(1) H   yes 6 mos./$5,000 fine 2 yrs.
Obstruct justice (includes threatening or bribing juror or witness) 139(2) I   yes   10 yrs.
Perjury 131, 132 I       14 yrs.



Crimes of sexual immorality

S=Summary H=Hybrid I=Indictable

Offence description Criminal Code Section S/H/I Minimum penalty Discharge available Maximum Penalty
(S)
Maximum Penalty
(I)
Indecent act 173(1) H   yes 6 mos./$5,000 fine 2 yrs.
Indecent act: Exposing genitals to person under 16 173(2) H 90 days (by indictment), 30 days (by summary conviction) yes 6 mos./$5,000 fine 2 yrs.
Keeping a common bawdy-house* 210(1) I   yes   2 yrs.
Inmate or found in a common bawdy-house* 210(2) S   yes 6 mos./$5,000 fine  
Obtain sexual services of a person under 18 yrs. 212(4) I  6 mos. yes   5 yrs.

* Section 210 of the Criminal Code, as it relates to prostitution, was declared unconstitutional on December 20, 2013, by the Supreme Court of Canada in Canada (Attorney General) v. Bedford. The court suspended the declaration of constitutional invalidity for one year to give the government time to enact new laws to regulate prostitution.



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