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Difference between revisions of "Substantive Law on Criminal Offences (1:V)"
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Substantive Law on Criminal Offences (1:V) (view source)
Revision as of 11:49, 25 August 2022
, 11:49, 25 August 2022→B. Federal offences
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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:// | :'''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 == | ||
