List of Criminal Offences in Canada: Criminal Code
The phrase “criminal offence” is a heavy one. It’s loaded with implications for the accused and the victim’s safety. For most people, it brings to mind courtroom dramas and flashing lights, often highlighting the definition of justice. The Canadian justice system can feel like a maze, built with confusing language and unspoken rules.
But it doesn’t have to be that way.
This guide is here to turn on the lights. We’re going to break down the single most important thing you need to understand about criminal law in Canada: how different types of criminal offences are classified. Because not all crimes are created equal, especially those that affect children. Not even close.
Understanding How Offences are Classified in Canada
Think of it like this. The Canadian justice system looks at every single criminal act and sorts it into one of three buckets. This isn’t just paperwork—this first decision is everything. It dictates what court will hear the case, what kind of trial will happen, and what the maximum punishment could be. The entire path of a criminal charge is set by this initial classification.
The three buckets are: Summary Conviction Offences, Indictable Offences, and Hybrid Offences. Let’s dig in.
Summary Conviction Offences: The Least Serious Category
These are the offences on the lower end of the seriousness scale. If criminal law had a shallow end of the pool, this is it. The process for a summary offence is meant to be faster and simpler.
Here are the key things to know:
- The maximum punishment is generally a fine of up to $5,000, or imprisonment for 6 months, or both. Some specific summary offences in the Criminal Code of Canada push this up, with a maximum punishment is imprisonment for 2 years less a day, but that’s the absolute ceiling.
- These cases are always heard by a judge in a provincial court. There is never a jury.
- There’s a time limit for filing charges, especially in cases involving a child. The police have to lay the charge within 12 months of the act happening. After that, it’s too late.
Some examples of summary conviction offences include:
- Causing a disturbance in a public place
- Trespassing at night
Indictable Offences: The Most Serious Crimes
This is the deep end. Indictable offences are the most serious crimes in our law and they carry the most serious consequences, often detailed in the criminal law notebook.
When an offence is indictable, the whole process is different.
- The penalties are severe. They can range from a year of imprisonment to a life sentence. There are often mandatory minimum sentences, too.
- A person charged with a serious indictable offence in Ontario often gets to choose their type of trial. They might choose to be tried by a judge in a higher court, or by a judge and jury. This is a fundamental right.
- Forget about a time limit. For the vast majority of indictable offences, like murder or aggravated sexual assault, there is no statute of limitations. A charge can be laid anytime.
Examples of indictable offences are what you probably think of when you hear “serious crime”:
- Murder
- Kidnapping
- Aggravated sexual assault
- Robbery, especially involving a firearm or causing bodily harm
- Offences related to a terrorist act
Hybrid Offences: The Dual-Procedure Category
Okay, this is where it gets a little more complicated, but it’s the most common category of offence. A hybrid offence is one where the Crown prosecutor—the lawyer for the government—gets to choose how to handle the case. They can decide to proceed by “summary conviction” (treating it like a less serious crime) or “by indictment” (treating it like a more serious one).
It’s a huge decision.
The Crown looks at the specifics of the case. They’ll consider the evidence, the harm done, and the accused person’s background. For an assault, did the person get a black eye or were they hospitalized, especially considering the age of 18? For a theft, was it a chocolate bar or a car, and what are the implications for the criminal interest rate? This context determines the path.
And here’s a critical point: until the Crown makes its choice, the law treats every hybrid offence as if it were an indictable one. This affects things like the arrest procedure and the rules for getting bail.
Most offences in the Criminal Code are actually hybrid. Examples include:
- Assault
- Sexual assault
- Theft under $5,000
- Possession of some restricted weapons
- Impaired driving
Common Examples of Criminal Offences by Category
Let’s group some common crimes thematically. It sometimes helps to see where things fit.
Offences Against the Person
This is all about violence or the threat of it. It’s a broad category, covering everything from a shove to the most violent acts imaginable. Common examples are simple assault, assault causing bodily harm, and aggravated assault. This is also where you’ll find offences like sexual assault.
Property Offences
These crimes are focused on property, not people. We’re talking about things like theft (of any kind), fraud (which is essentially theft by deceit), and mischief to property, which is a fancy term for intentionally damaging something that isn’t yours. Possession of stolen property falls under this umbrella too.
Drug Offences (under the CDSA)
Interestingly, most drug crimes aren’t in the Criminal Code. They’re in a separate federal law called the Controlled Drugs and Substances Act (CDSA). This is where the law on drug possession and drug trafficking lives. But they still follow the same classification system—many are hybrid offences.
Offences Against the Administration of Justice
The justice system has a vested interest in protecting itself. These offences are about interfering with how the system works, which is crucial for maintaining order. Think of things like perjury (lying under oath), failing to show up for your court date, or resisting arrest by a peace officer.
Driving Offences
While a speeding ticket is a provincial violation, not a criminal offence, some driving behaviour is so dangerous it becomes a crime. The big ones are impaired driving (by alcohol or drug), dangerous operation of a vehicle, and fleeing the scene of an accident. A conviction for one of these can change your life.
10 Different Types of Criminal Charges and Their Summaries
Here are the top 10 most common criminal charges:
Type #1: Fraud charges
Fraud is the act of trying to deceive someone else in an attempt to gain something in return. Fraud differs from theft because it does not use any type of force or threat. Instead, fraud usually involves some type of scheme that uses pretenses to trick victims.
The most crucial element when being charged with fraud is the scheme itself. This means that the person being charged can be found guilty even if the plan they put into place doesn’t work.
Type #2: Assault charges
Assault, assault with a weapon, sexual assault, and aggravated assault are all common criminal charges. Assault occurs when someone intentionally applies force to another person or uses a weapon to accost or impede another.
Assault charges carry hefty penalties that will impact you for the rest of your life. Depending on the severity of the charge, you may end up with lengthy jail time or have your name put on the public registered sex offenders list. Due to the severity of the charges, you should consult a criminal lawyer Brampton for professional guidance.
Type #3: Mischief charges
Mischief is a crime that occurs after some form of vandalism. This type of criminal charge is the deliberate or reckless destruction of another person’s property.
If you have damaged or interfered with someone’s property, you could be charged with this crime. Mischief can result in severe criminal charges, including hefty fines, probation, a criminal record, and even jail time.
Type #4: Possession of drugs
Illegal drugs could result in a fine, jail time, and a permanent criminal record. The severity of your charge will depend on the type of drugs and the amount you have in your possession when you are arrested.
Type #5: Uttering threats
If you are heard making threatening remarks about causing someone serious harm or death or damaging their property, you could end up with a criminal charge. This type of charge would be considered a summary conviction and could result in jail time.
Type #6: Breach of probation
A judge will often order a probation period instead of jail time. During this period, the offender will have to regularly check in with a probation officer and comply with all their probation orders. If any of these orders are breached, criminal charges can be laid.
Type #7: Fail to comply with an order
If you have a pending court order or are ordered by a police officer, you must comply with these orders. If you fail to do so, you may be given a fine or may have to serve time in jail, depending on the severity of the crime.
Type #8: Theft charges
In Canada, stealing money or property valued over $5,000 is considered a criminal offence. Depending on the unique situation, the offender can be ordered to serve anywhere from a few months to years in prison.
Type #9: Impaired driving charges
Driving under the influence of either drugs or alcohol is against the law in Canada. This extremely dangerous offence can lead to accidents, property damage, and even loss of life. Whether you are operating a car, boat, aircraft, or train, an impaired driving charge will almost certainly lead to a hefty sentence, even if the vehicle isn’t in motion.
Type #10: Murder charges
Murder is considered the killing of another person. Murder, manslaughter, and criminal negligence causing death are all criminal charges under the Canadian criminal code and will result in a trial before a judge and jury. If convicted, these types of criminal charges will lead to incarceration.
Frequently Asked Questions (FAQ) about Canadian Criminal Law
What is the Criminal Code of Canada?
It’s the big book. The Criminal Code of Canada is a federal law that lists most—but not all—of the criminal offences in this country. It defines what a crime is, sets out the rules for the process, and establishes the available punishments.
What is the difference between being charged and being convicted?
This is a big one. A charge is just a formal accusation by the police under section of criminal law. It means they believe they have evidence you committed an offence. A conviction is a legal result; it means a court has found you guilty, either after a trial or because you pleaded guilty. You are presumed innocent until you are convicted.
Can a hybrid offence be treated as a summary offence?
Yes, absolutely, especially when it comes to the prohibition of certain actions under the law. That is the core feature of a hybrid offence. The Crown prosecutor makes the call based on the facts. This decision, known as the Crown’s election, is a pivotal moment in any criminal case.
Is there a statute of limitations for indictable offences?
Generally, no. For most serious crimes like murder, kidnapping, or aggravated sexual assault, a person can be charged at any point in their life, no matter how much time has passed since the alleged act. The main historical exception to this rule is treason.
Criminal charges are the most severe types of offences in Canada. They carry the strictest penalties and, if convicted, usually result in a lengthy jail sentence. Having a criminal record can significantly affect a person’s way of life. It could result in incarceration and prevent someone from getting a job, travelling abroad, and living a normal life with the same privileges that other Canadians have.
There are three main categories that all criminal offences fall within.
Summary conviction offences:These are the least serious and carry the lowest penalties. Disturbing the peace, indecent acts, and breaching a probation order all fall under the category of summary conviction offences. If you are charged with one of these crimes, your case will be held in front of only a judge. There will not be a jury present.
Indictable offences:Indictable offences are the most serious type of offence and carry the greatest penalties. Murder, aggravated assault, and theft over $5,000 all fall under this category. These cases require lawyer representation and will be held in front of both a judge and jury.
Hybrid offences:The severity of the penalty given and the type of trial held is up to the prosecutor in these cases. A hybrid crime considers all charges, which may fall between summary conviction offences and indictable offences. Assault is an excellent example of a hybrid offence.