Substantive Law on Criminal Offences (1:V) - Revision history

LSLAP at 18:53, 13 October 2025

2025-10-13T18:53:37Z

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LSLAP: /* Provincial Offences */

2025-09-22T21:41:29Z

Provincial Offences

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	The procedure followed for laying an Information (or charge), issuing a summons, appearing for trial, etc. is set out in the Offence Act. However, the procedure to be followed may be altered by the provincial statute that creates the specific offence.		The procedure followed for laying an Information (or charge), issuing a summons, appearing for trial, etc. is set out in the ''Offence Act''. However, the procedure to be followed may be altered by the provincial statute that creates the specific offence.


	Where the ''Offence Act'' is silent concerning a procedural matter, the ''Criminal Code'' provisions governing federal summary proceedings apply. There is little difference between the procedures set out in the ''Offence Act'' and the ''Criminal Code'' provisions for summary proceedings.		Where the ''Offence Act'' is silent concerning a procedural matter, the ''Criminal Code'' provisions governing federal summary proceedings apply. There is little difference between the procedures set out in the ''Offence Act'' and the ''Criminal Code'' provisions for summary proceedings.


	==== ''Criminal Code'' and Other Federal Summary Offences ====		==== ''Criminal Code'' and Other Federal Summary Offences ====

Nate Russell: review confirmed 2025

2025-08-28T21:43:38Z

review confirmed 2025

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LSLAP at 23:20, 11 August 2025

2025-08-11T23:20:14Z

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	==== Provincial Offences ====		==== Provincial Offences ====
	The ''[https://~~www.~~canlii.~~org~~/en/~~bc/laws/stat/rsbc-1996-c-338/latest/rsbc-1996-c-338.html?autocompleteStr=Offence%20Act&autocompletePos=3~~ Offence Act]'', RSBC 1996, c 338, provides that offences created under a provincial enactment (often called “regulatory offences”) are punishable by summary conviction. The ''Offence Act'' establishes the maximum penalties that may be imposed upon conviction of a provincial summary offence. These provisions apply except where a provincial statute creating an offence provides for some other penalty. Under the Act, the maximum fine that may generally be imposed is $2,000; the maximum term of imprisonment is six months. The court may impose either or both of these penalties.		The [https://canlii.ca/t/848d ''Offence Act''], RSBC 1996, c 338, provides that offences created under a provincial enactment (often called “regulatory offences”) are punishable by summary conviction. The ''Offence Act'' establishes the maximum penalties that may be imposed upon conviction of a provincial summary offence. These provisions apply except where a provincial statute creating an offence provides for some other penalty. Under the Act, the maximum fine that may generally be imposed is $2,000; the maximum term of imprisonment is six months. The court may impose either or both of these penalties.

LSLAP at 23:13, 11 August 2025

2025-08-11T23:13:44Z

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	== A. Provincial Offences ==		== A. Provincial Offences ==
	All offences created by provincial statute are prosecuted as summary conviction offences. Examples of provincial offences are those created by the ''[https://canlii.ca/t/847n Motor Vehicle Act]'', RSBC 1996, c 318, ''[https://canlii.ca/t/8v15 Liquor Control and Licensing Act]'', SBC 2015, c 19, ''[https://canlii.ca/t/8q3k Family Law Act]'', SBC 2011, c 25, ''[https://canlii.ca/t/8405 Employment Standards Act]'', RSBC 1996, c 113, and the ''[		All offences created by provincial statute are prosecuted as summary conviction offences. Examples of provincial offences are those created by the [https://canlii.ca/t/847n ''Motor Vehicle Act''], RSBC 1996, c 318, [https://canlii.ca/t/8v15 ''Liquor Control and Licensing Act''], SBC 2015, c 19, [https://canlii.ca/t/8q3k ''Family Law Act''], SBC 2011, c 25, [https://canlii.ca/t/8405 ''Employment Standards Act''], RSBC 1996, c 113, and the [https://canlii.ca/t/84lm ''Residential Tenancy Act''], SBC 2002, c 78. Other summary conviction offences are established by municipal bylaws (i.e., parking violations and lodging-house violations). Note that ''Criminal Code'' offences, though stemming from a federal statute, are prosecuted provincially.
	https://canlii.ca/t/84lm Residential Tenancy Act]'', SBC 2002, c 78. Other summary conviction offences are established by municipal bylaws (i.e., parking violations and lodging-house violations). Note that ''Criminal Code'' offences, though stemming from a federal statute, are prosecuted provincially.


	== B. Federal Offences ==		== B. Federal Offences ==
	A federal statute may create an offence that is an indictable offence only, or is punishable on summary conviction only, or is either indictable or summary (i.e., hybrid) depending on the Crown’s approach. Examples of federal offences are found in the ''[https://canlii.ca/t/7vf2 Criminal Code]'', RSC 1985, c. C-46, the ''[https://canlii.ca/t/7vtc Controlled Drugs and Substances Act]'', SC 1996, c.19, the ''[https://canlii.ca/t/7vb7 Income Tax Act]'', RSC 1985 (5th Supp), c 1 of the ''[https://canlii.ca/t/7vb5 Customs Act]'', RSC 1985, c 1 (2nd Supp), and the ''[https://canlii.ca/t/7vg7 Fisheries Act]'', RSC 1985, c F-14, and the [https://canlii.ca/t/7vzv ''Quarantine Act''], SC 2005, c. 20. Although the federal government regulates ''Criminal Code'' offences, the provincial Attorney General administers the law in this area. This distinction is important in determining who will prosecute the offence. Federal Crown prosecutors handle drug, tax-related, fisheries, and quarantine offences.		A federal statute may create an offence that is an indictable offence only, or is punishable on summary conviction only, or is either indictable or summary (i.e., hybrid) depending on the Crown’s approach. Examples of federal offences are found in the [https://canlii.ca/t/7vf2 ''Criminal Code''], RSC 1985, c. C-46, the [https://canlii.ca/t/7vtc ''Controlled Drugs and Substances Act''], SC 1996, c.19, the [https://canlii.ca/t/7vb7 ''Income Tax Act''], RSC 1985 (5th Supp), c 1 of the [https://canlii.ca/t/7vb5 ''Customs Act''], RSC 1985, c 1 (2nd Supp), and the [https://canlii.ca/t/7vg7 ''Fisheries Act''], RSC 1985, c F-14, and the [https://canlii.ca/t/7vzv ''Quarantine Act''], SC 2005, c. 20. Although the federal government regulates ''Criminal Code'' offences, the provincial Attorney General administers the law in this area. This distinction is important in determining who will prosecute the offence. Federal Crown prosecutors handle drug, tax-related, fisheries, and quarantine offences.

LSLAP at 23:10, 11 August 2025

2025-08-11T23:10:25Z

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	== A. Provincial Offences ==		== A. Provincial Offences ==
	All offences created by provincial statute are prosecuted as summary conviction offences. Examples of provincial offences are those created by the ''[https://~~www.~~canlii.~~org~~/en/~~bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html?autocompleteStr=Motor%20Vehicle%20Act&autocompletePos=1~~ Motor Vehicle Act]'', RSBC 1996, c 318, ''[https://~~www.~~canlii.~~org/en~~/bc/~~laws/stat/sbc-2015-c-19/latest/sbc-2015-c-19.html?autocompleteStr=Liquor%20Control%20and%20Licensing%20Act&autocompletePos=2~~ Liquor Control and Licensing Act]'', SBC 2015, c 19, ''[https://~~www.~~canlii.~~org/en/bc/laws~~/~~stat~~/~~sbc-2011-c-25/latest/sbc-2011-c-25.html?autocompleteStr=Family%20Law%20Act&autocompletePos=2~~ Family Law Act]'', SBC 2011, c 25, ''[https://~~www.~~canlii.~~org/en/bc/laws/stat/rsbc-1996-c-113~~/~~latest~~/~~rsbc-1996-c-113.html?autocompleteStr=Employment%20Standards%20Act&autocompletePos=3~~ Employment Standards Act]'', RSBC 1996, c 113, and the ''[https://~~www.~~canlii.~~org/en/bc/laws/stat/sbc-2002-c-78~~/~~latest~~/~~sbc-2002-c-78.html?autocompleteStr=Residential%20Tenancy%20Act&autocompletePos=4~~ Residential Tenancy Act]'', SBC 2002, c 78. Other summary conviction offences are established by municipal bylaws (i.e., parking violations and lodging-house violations). Note that ''Criminal Code'' offences, though stemming from a federal statute, are prosecuted provincially.		All offences created by provincial statute are prosecuted as summary conviction offences. Examples of provincial offences are those created by the ''[https://canlii.ca/t/847n Motor Vehicle Act]'', RSBC 1996, c 318, ''[https://canlii.ca/t/8v15 Liquor Control and Licensing Act]'', SBC 2015, c 19, ''[https://canlii.ca/t/8q3k Family Law Act]'', SBC 2011, c 25, ''[https://canlii.ca/t/8405 Employment Standards Act]'', RSBC 1996, c 113, and the ''[
			https://canlii.ca/t/84lm Residential Tenancy Act]'', SBC 2002, c 78. Other summary conviction offences are established by municipal bylaws (i.e., parking violations and lodging-house violations). Note that ''Criminal Code'' offences, though stemming from a federal statute, are prosecuted provincially.


	== B. Federal Offences ==		== B. Federal Offences ==
	A federal statute may create an offence that is an indictable offence only, or is punishable on summary conviction only, or is either indictable or summary (i.e., hybrid) depending on the Crown’s approach. Examples of federal offences are found in the ''[https://~~www.~~canlii.~~org/en/~~ca/~~laws/stat/rsc-1985-c-c-46/latest~~/~~rsc-1985-c-c-46.html~~ Criminal Code]'', RSC 1985, c. C-46, the ''[https://~~laws-lois.justice.gc~~.ca/~~eng/acts/c-38.8~~/ Controlled Drugs and Substances Act]'', SC 1996, c.19, the ''[https://~~www.~~canlii.~~org/en/~~ca/~~laws/stat/rsc-1985-c-1-5th-supp/latest~~/~~rsc-1985-c-1-5th-supp.html?autocompleteStr=Income%20Tax%20Act&autocompletePos=1~~ Income Tax Act]'', RSC 1985 (5th Supp), c 1 of the ''[https://~~www.~~canlii.~~org/en/~~ca/~~laws/stat/rsc-1985-c-1-2nd-supp/latest~~/~~rsc-1985-c-1-2nd-supp.html?autocompleteStr=Customs%20Act&autocompletePos=1~~ Customs Act]'', RSC 1985, c 1 (2nd Supp), and the ''[https://~~www.~~canlii.~~org/en/~~ca/~~laws/stat~~/~~rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html?autocompleteStr=Fisheries%20Act%2C%20&autocompletePos=1~~ Fisheries Act]'', RSC 1985, c F-14, and the [https://~~laws-lois.justice.gc~~.ca/~~eng~~/~~acts/q-1.1/page-1.html~~ Quarantine Act], SC 2005, c. 20. Although the federal government regulates ''Criminal Code'' offences, the provincial Attorney General administers the law in this area. This distinction is important in determining who will prosecute the offence. Federal Crown prosecutors handle drug, tax-related, fisheries, and quarantine offences.		A federal statute may create an offence that is an indictable offence only, or is punishable on summary conviction only, or is either indictable or summary (i.e., hybrid) depending on the Crown’s approach. Examples of federal offences are found in the ''[https://canlii.ca/t/7vf2 Criminal Code]'', RSC 1985, c. C-46, the ''[https://canlii.ca/t/7vtc Controlled Drugs and Substances Act]'', SC 1996, c.19, the ''[https://canlii.ca/t/7vb7 Income Tax Act]'', RSC 1985 (5th Supp), c 1 of the ''[https://canlii.ca/t/7vb5 Customs Act]'', RSC 1985, c 1 (2nd Supp), and the ''[https://canlii.ca/t/7vg7 Fisheries Act]'', RSC 1985, c F-14, and the [https://canlii.ca/t/7vzv ''Quarantine Act''], SC 2005, c. 20. Although the federal government regulates ''Criminal Code'' offences, the provincial Attorney General administers the law in this area. This distinction is important in determining who will prosecute the offence. Federal Crown prosecutors handle drug, tax-related, fisheries, and quarantine offences.

LSLAP at 18:19, 7 August 2024

2024-08-07T18:19:32Z

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LSLAP at 20:51, 22 August 2023

2023-08-22T20:51:20Z

← Older revision		Revision as of 20:51, 22 August 2023
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	Where the ''Offence Act'' is silent concerning a procedural matter, the ''Criminal Code'' provisions governing federal summary proceedings apply. There is little difference between the procedures set out in the ''Offence Act'' and the ''Criminal Code'' provisions for summary proceedings.		Where the ''Offence Act'' is silent concerning a procedural matter, the ''Criminal Code'' provisions governing federal summary proceedings apply. There is little difference between the procedures set out in the ''Offence Act'' and the ''Criminal Code'' provisions for summary proceedings.


	==== ''Criminal Code'' and Other Federal Summary Offences ====		==== ''Criminal Code'' and Other Federal Summary Offences ====

LSLAP at 20:50, 22 August 2023

2023-08-22T20:50:47Z

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	{{LSLAP Manual TOC\|expanded = criminal}}		{{LSLAP Manual TOC\|expanded = criminal}}

	== A. Provincial Offences ==		== A. Provincial Offences ==
	All offences created by provincial statute are prosecuted as summary conviction offences. Examples of provincial offences are those created by the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html?autocompleteStr=Motor%20Vehicle%20Act&autocompletePos=1 Motor Vehicle Act]'', RSBC 1996, c 318, ''[https://www.canlii.org/en/bc/laws/stat/sbc-2015-c-19/latest/sbc-2015-c-19.html?autocompleteStr=Liquor%20Control%20and%20Licensing%20Act&autocompletePos=2 Liquor Control and Licensing Act]'', SBC 2015, c 19, ''[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html?autocompleteStr=Family%20Law%20Act&autocompletePos=2 Family Law Act]'', SBC 2011, c 25, ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/latest/rsbc-1996-c-113.html?autocompleteStr=Employment%20Standards%20Act&autocompletePos=3 Employment Standards Act]'', RSBC 1996, c 113, and the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html?autocompleteStr=Residential%20Tenancy%20Act&autocompletePos=4 Residential Tenancy Act]'', SBC 2002, c 78. Other summary conviction offences are established by municipal bylaws (i.e., parking violations and lodging-house violations). Note that ''Criminal Code'' offences, though stemming from a federal statute, are prosecuted provincially.		All offences created by provincial statute are prosecuted as summary conviction offences. Examples of provincial offences are those created by the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html?autocompleteStr=Motor%20Vehicle%20Act&autocompletePos=1 Motor Vehicle Act]'', RSBC 1996, c 318, ''[https://www.canlii.org/en/bc/laws/stat/sbc-2015-c-19/latest/sbc-2015-c-19.html?autocompleteStr=Liquor%20Control%20and%20Licensing%20Act&autocompletePos=2 Liquor Control and Licensing Act]'', SBC 2015, c 19, ''[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html?autocompleteStr=Family%20Law%20Act&autocompletePos=2 Family Law Act]'', SBC 2011, c 25, ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/latest/rsbc-1996-c-113.html?autocompleteStr=Employment%20Standards%20Act&autocompletePos=3 Employment Standards Act]'', RSBC 1996, c 113, and the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html?autocompleteStr=Residential%20Tenancy%20Act&autocompletePos=4 Residential Tenancy Act]'', SBC 2002, c 78. Other summary conviction offences are established by municipal bylaws (i.e., parking violations and lodging-house violations). Note that ''Criminal Code'' offences, though stemming from a federal statute, are prosecuted provincially.


	== B. Federal Offences ==		== B. Federal Offences ==
	A federal statute may create an offence that is an indictable offence only, or is punishable on summary conviction only, or is either indictable or summary (i.e., hybrid) depending on the Crown’s approach. Examples of federal offences are found in the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html Criminal Code]'', RSC 1985, c. C-46, the ''[https://laws-lois.justice.gc.ca/eng/acts/c-38.8/ Controlled Drugs and Substances Act]'', SC 1996, c.19, the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-1-5th-supp/latest/rsc-1985-c-1-5th-supp.html?autocompleteStr=Income%20Tax%20Act&autocompletePos=1 Income Tax Act]'', RSC 1985 (5th Supp), c 1 of the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-1-2nd-supp/latest/rsc-1985-c-1-2nd-supp.html?autocompleteStr=Customs%20Act&autocompletePos=1 Customs Act]'', RSC 1985, c 1 (2nd Supp), and the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html?autocompleteStr=Fisheries%20Act%2C%20&autocompletePos=1 Fisheries Act]'', RSC 1985, c F-14. Although the federal government regulates ''Criminal Code'' offences, the provincial Attorney General administers the law in this area. This distinction is important in determining who will prosecute the offence. Federal Crown prosecutors handle drug, tax-related, and ~~fisheries~~ offences.		A federal statute may create an offence that is an indictable offence only, or is punishable on summary conviction only, or is either indictable or summary (i.e., hybrid) depending on the Crown’s approach. Examples of federal offences are found in the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html Criminal Code]'', RSC 1985, c. C-46, the ''[https://laws-lois.justice.gc.ca/eng/acts/c-38.8/ Controlled Drugs and Substances Act]'', SC 1996, c.19, the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-1-5th-supp/latest/rsc-1985-c-1-5th-supp.html?autocompleteStr=Income%20Tax%20Act&autocompletePos=1 Income Tax Act]'', RSC 1985 (5th Supp), c 1 of the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-1-2nd-supp/latest/rsc-1985-c-1-2nd-supp.html?autocompleteStr=Customs%20Act&autocompletePos=1 Customs Act]'', RSC 1985, c 1 (2nd Supp), and the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html?autocompleteStr=Fisheries%20Act%2C%20&autocompletePos=1 Fisheries Act]'', RSC 1985, c F-14, and the [https://laws-lois.justice.gc.ca/eng/acts/q-1.1/page-1.html Quarantine Act], SC 2005, c. 20. Although the federal government regulates ''Criminal Code'' offences, the provincial Attorney General administers the law in this area. This distinction is important in determining who will prosecute the offence. Federal Crown prosecutors handle drug, tax-related, fisheries, and quarantine offences.

	:'''NOTE''': Many of the federal offenses LSLAP is currently encountering involve offenses contained in the ''[https://laws-lois.justice.gc.ca/eng/acts/q-1.1/page-1.html Quarantine Act]'', SC 2005, c. 20. These are federal offenses are often punishable by heavy fines. Federal Crown deals with prosecution of these offenses and can often be convinced to be flexible with sentences particularly for offenders of limited means who show some indication that they intend to abide by the Quarantine Act in the future.

	== C. Penalties and Punishment ==		== C. Penalties and Punishment ==
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	==== Provincial Offences ====		==== Provincial Offences ====
	The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-338/latest/rsbc-1996-c-338.html?autocompleteStr=Offence%20Act&autocompletePos=3 Offence Act]'', RSBC 1996, c 338, provides that offences created under a provincial enactment (often called “regulatory offences”) are punishable by summary conviction ~~(s. 2)~~. The ''Offence Act'' establishes the maximum penalties that may be imposed upon conviction of a provincial summary offence. These provisions apply except where a provincial statute creating an offence provides for some other penalty. Under the Act~~, unless otherwise specified by enactment~~, the maximum fine that may generally be imposed is $2,000; the maximum term of imprisonment is six months. The court may impose either or both of these penalties ~~(s 4)~~.		The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-338/latest/rsbc-1996-c-338.html?autocompleteStr=Offence%20Act&autocompletePos=3 Offence Act]'', RSBC 1996, c 338, provides that offences created under a provincial enactment (often called “regulatory offences”) are punishable by summary conviction. The ''Offence Act'' establishes the maximum penalties that may be imposed upon conviction of a provincial summary offence. These provisions apply except where a provincial statute creating an offence provides for some other penalty. Under the Act, the maximum fine that may generally be imposed is $2,000; the maximum term of imprisonment is six months. The court may impose either or both of these penalties.


	The procedure followed for laying an Information (or charge), issuing a summons, appearing for trial, etc. is set out in the Offence Act. However, the procedure to be followed may be altered by the provincial statute that creates the specific offence.		The procedure followed for laying an Information (or charge), issuing a summons, appearing for trial, etc. is set out in the Offence Act. However, the procedure to be followed may be altered by the provincial statute that creates the specific offence.


	Where the ''Offence Act'' is silent concerning a procedural matter, the ''Criminal Code'' provisions governing federal summary proceedings apply. There is little difference between the procedures set out in the ''Offence Act'' and the ''Criminal Code'' provisions for summary proceedings.		Where the ''Offence Act'' is silent concerning a procedural matter, the ''Criminal Code'' provisions governing federal summary proceedings apply. There is little difference between the procedures set out in the ''Offence Act'' and the ''Criminal Code'' provisions for summary proceedings.

	==== ''Criminal Code'' and Other Federal Summary Offences ====		==== ''Criminal Code'' and Other Federal Summary Offences ====
	Unless otherwise specified, the maximum penalty for a summary conviction offence is a fine of up to $5,000, imprisonment of up to two years less a day, or both (''Criminal Code'', s 787(1)). An example of a summary offence which carries a ~~lesser~~ maximum punishment is uttering threats, (''Criminal Code'', s 264.1(2)(b)), which carries a maximum punishment of 18 months of jail time.		Unless otherwise specified, the maximum penalty for a summary conviction offence is a fine of up to $5,000, imprisonment of up to two years less a day, or both (''Criminal Code'', s 787(1)). An example of a summary offence which carries a greater maximum punishment is uttering threats (''Criminal Code'', s 264.1(2)(b)) which carries a maximum punishment of 18 months of jail time.


	=== 2. Indictable Offences ===		=== 2. Indictable Offences ===

LSLAP at 15:12, 30 August 2022

2022-08-30T15:12:23Z

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	{{LSLAP Manual TOC\|expanded = criminal}}		{{LSLAP Manual TOC\|expanded = criminal}}

	== A. Provincial ~~offences~~ ==		== A. Provincial Offences ==
	All offences created by provincial statute are prosecuted as summary conviction offences. Examples of provincial offences are those created by the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html?autocompleteStr=Motor%20Vehicle%20Act&autocompletePos=1 Motor Vehicle Act]'', RSBC 1996, c 318, ''[https://www.canlii.org/en/bc/laws/stat/sbc-2015-c-19/latest/sbc-2015-c-19.html?autocompleteStr=Liquor%20Control%20and%20Licensing%20Act&autocompletePos=2 Liquor Control and Licensing Act]'', SBC 2015, c 19, ''[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html?autocompleteStr=Family%20Law%20Act&autocompletePos=2 Family Law Act]'', SBC 2011, c 25, ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/latest/rsbc-1996-c-113.html?autocompleteStr=Employment%20Standards%20Act&autocompletePos=3 Employment Standards Act]'', RSBC 1996, c 113, and the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html?autocompleteStr=Residential%20Tenancy%20Act&autocompletePos=4 Residential Tenancy Act]'', SBC 2002, c 78. Other summary conviction offences are established by municipal bylaws (i.e., parking violations and lodging-house violations). Note that ''Criminal Code'' offences, though stemming from a federal statute, are prosecuted provincially.		All offences created by provincial statute are prosecuted as summary conviction offences. Examples of provincial offences are those created by the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html?autocompleteStr=Motor%20Vehicle%20Act&autocompletePos=1 Motor Vehicle Act]'', RSBC 1996, c 318, ''[https://www.canlii.org/en/bc/laws/stat/sbc-2015-c-19/latest/sbc-2015-c-19.html?autocompleteStr=Liquor%20Control%20and%20Licensing%20Act&autocompletePos=2 Liquor Control and Licensing Act]'', SBC 2015, c 19, ''[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html?autocompleteStr=Family%20Law%20Act&autocompletePos=2 Family Law Act]'', SBC 2011, c 25, ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/latest/rsbc-1996-c-113.html?autocompleteStr=Employment%20Standards%20Act&autocompletePos=3 Employment Standards Act]'', RSBC 1996, c 113, and the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-78/latest/sbc-2002-c-78.html?autocompleteStr=Residential%20Tenancy%20Act&autocompletePos=4 Residential Tenancy Act]'', SBC 2002, c 78. Other summary conviction offences are established by municipal bylaws (i.e., parking violations and lodging-house violations). Note that ''Criminal Code'' offences, though stemming from a federal statute, are prosecuted provincially.

	== B. Federal ~~offences~~ ==		== B. Federal Offences ==
	A federal statute may create an offence that is an indictable offence only, or is punishable on summary conviction only, or is either indictable or summary (i.e., hybrid) depending on the Crown’s approach. Examples of federal offences are found in the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html Criminal Code]'', RSC 1985, c. C-46, the ''[https://laws-lois.justice.gc.ca/eng/acts/c-38.8/ Controlled Drugs and Substances Act]'', SC 1996, c.19, the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-1-5th-supp/latest/rsc-1985-c-1-5th-supp.html?autocompleteStr=Income%20Tax%20Act&autocompletePos=1 Income Tax Act]'', RSC 1985 (5th Supp), c 1 of the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-1-2nd-supp/latest/rsc-1985-c-1-2nd-supp.html?autocompleteStr=Customs%20Act&autocompletePos=1 Customs Act]'', RSC 1985, c 1 (2nd Supp), and the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html?autocompleteStr=Fisheries%20Act%2C%20&autocompletePos=1 Fisheries Act]'', RSC 1985, c F-14. Although the federal government regulates ''Criminal Code'' offences, the provincial Attorney General administers the law in this area. This distinction is important in determining who will prosecute the offence. Federal Crown prosecutors handle drug, tax-related, and fisheries offences.		A federal statute may create an offence that is an indictable offence only, or is punishable on summary conviction only, or is either indictable or summary (i.e., hybrid) depending on the Crown’s approach. Examples of federal offences are found in the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html Criminal Code]'', RSC 1985, c. C-46, the ''[https://laws-lois.justice.gc.ca/eng/acts/c-38.8/ Controlled Drugs and Substances Act]'', SC 1996, c.19, the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-1-5th-supp/latest/rsc-1985-c-1-5th-supp.html?autocompleteStr=Income%20Tax%20Act&autocompletePos=1 Income Tax Act]'', RSC 1985 (5th Supp), c 1 of the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-1-2nd-supp/latest/rsc-1985-c-1-2nd-supp.html?autocompleteStr=Customs%20Act&autocompletePos=1 Customs Act]'', RSC 1985, c 1 (2nd Supp), and the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html?autocompleteStr=Fisheries%20Act%2C%20&autocompletePos=1 Fisheries Act]'', RSC 1985, c F-14. Although the federal government regulates ''Criminal Code'' offences, the provincial Attorney General administers the law in this area. This distinction is important in determining who will prosecute the offence. Federal Crown prosecutors handle drug, tax-related, and fisheries offences.

	:'''NOTE''': Many of the federal offenses LSLAP is currently encountering involve offenses contained in the ''[https://laws-lois.justice.gc.ca/eng/acts/q-1.1/page-1.html Quarantine Act]'', SC 2005, c. 20. These are federal offenses are often punishable by heavy fines. Federal Crown deals with prosecution of these offenses and can often be convinced to be flexible with sentences particularly for offenders of limited means who show some indication that they intend to abide by the Quarantine Act in the future.		:'''NOTE''': Many of the federal offenses LSLAP is currently encountering involve offenses contained in the ''[https://laws-lois.justice.gc.ca/eng/acts/q-1.1/page-1.html Quarantine Act]'', SC 2005, c. 20. These are federal offenses are often punishable by heavy fines. Federal Crown deals with prosecution of these offenses and can often be convinced to be flexible with sentences particularly for offenders of limited means who show some indication that they intend to abide by the Quarantine Act in the future.

	== C. Penalties and ~~punishment~~ ==		== C. Penalties and Punishment ==

	=== 1. Summary ~~offences~~ ===		=== 1. Summary Offences ===

	==== Provincial ~~offences~~ ====		==== Provincial Offences ====
	The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-338/latest/rsbc-1996-c-338.html?autocompleteStr=Offence%20Act&autocompletePos=3 Offence Act]'', RSBC 1996, c 338, provides that offences created under a provincial enactment (often called “regulatory offences”) are punishable by summary conviction (s. 2). The ''Offence Act'' establishes the maximum penalties that may be imposed upon conviction of a provincial summary offence. These provisions apply except where a provincial statute creating an offence provides for some other penalty. Under the Act, unless otherwise specified by enactment, the maximum fine that may generally be imposed is $2,000; the maximum term of imprisonment is six months. The court may impose either or both of these penalties (s 4).		The ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-338/latest/rsbc-1996-c-338.html?autocompleteStr=Offence%20Act&autocompletePos=3 Offence Act]'', RSBC 1996, c 338, provides that offences created under a provincial enactment (often called “regulatory offences”) are punishable by summary conviction (s. 2). The ''Offence Act'' establishes the maximum penalties that may be imposed upon conviction of a provincial summary offence. These provisions apply except where a provincial statute creating an offence provides for some other penalty. Under the Act, unless otherwise specified by enactment, the maximum fine that may generally be imposed is $2,000; the maximum term of imprisonment is six months. The court may impose either or both of these penalties (s 4).

Line 21:		Line 21:
	Where the ''Offence Act'' is silent concerning a procedural matter, the ''Criminal Code'' provisions governing federal summary proceedings apply. There is little difference between the procedures set out in the ''Offence Act'' and the ''Criminal Code'' provisions for summary proceedings.		Where the ''Offence Act'' is silent concerning a procedural matter, the ''Criminal Code'' provisions governing federal summary proceedings apply. There is little difference between the procedures set out in the ''Offence Act'' and the ''Criminal Code'' provisions for summary proceedings.

	==== ''Criminal Code'' and ~~other federal summary offences~~ ====		==== ''Criminal Code'' and Other Federal Summary Offences ====
	Unless otherwise specified, the maximum penalty for a summary conviction offence is a fine of up to $5,000, imprisonment of up to two years less a day, or both (''Criminal Code'', s 787(1)). An example of a summary offence which carries a lesser maximum punishment is uttering threats, (''Criminal Code'', s 264.1(2)(b)), which carries a maximum punishment of 18 months of jail time.		Unless otherwise specified, the maximum penalty for a summary conviction offence is a fine of up to $5,000, imprisonment of up to two years less a day, or both (''Criminal Code'', s 787(1)). An example of a summary offence which carries a lesser maximum punishment is uttering threats, (''Criminal Code'', s 264.1(2)(b)), which carries a maximum punishment of 18 months of jail time.

	=== 2. Indictable ~~offences~~ ===		=== 2. Indictable Offences ===
	Most indictable offences specify the maximum term of imprisonment. If no maximum is specifically stated, the maximum term is five years (''Criminal Code'', s 743). Minor indictable offences (i.e., theft under $5,000) carry maximum jail terms of two years. Other indictable offences carry greater maximum jail terms of five years, seven years (i.e., possession of a narcotic), 10 years (i.e., theft over $5,000), 14 years, or life (i.e., trafficking a narcotic).		Most indictable offences specify the maximum term of imprisonment. If no maximum is specifically stated, the maximum term is five years (''Criminal Code'', s 743). Minor indictable offences (i.e., theft under $5,000) carry maximum jail terms of two years. Other indictable offences carry greater maximum jail terms of five years, seven years (i.e., possession of a narcotic), 10 years (i.e., theft over $5,000), 14 years, or life (i.e., trafficking a narcotic).

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