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Difference between revisions of "Substantive Law on Criminal Offences (1:V)"

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== 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 ''Criminal Code'', the ''Controlled Drugs and Substances Act'', 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 autocompleteStr=criminal%20code%20&autocompletePos=1 Criminal Code'', the ''Controlled Drugs and Substances Act'', 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.


== C. Penalties and punishment ==
== C. Penalties and punishment ==
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