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

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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 ''Motor Vehicle Act'', RSBC 1996, c 318, ''Liquor Control and Licensing Act'', RSBC 1996, c 268, ''Family Law Act'', SBC 2011, c 25, ''Employment Standards Act'', RSBC 1996, c 113, and the ''Residential Tenancy Act'', SBC 2002, c 78. Other summary conviction offences are established by municipal bylaw  (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 ''Motor Vehicle Act'', RSBC 1996, c 318, ''Liquor Control and Licensing Act'', SBC 2015, c 19, ''Family Law Act'', SBC 2011, c 25, ''Employment Standards Act'', RSBC 1996, c 113, and the ''Residential Tenancy Act'', SBC 2002, c 78. Other summary conviction offences are established by municipal bylaw  (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 ==
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==== ''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, up to six months imprisonment, 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 jail time.
Unless otherwise specified, the maximum penalty for a summary conviction offence is a fine of up to $5,000, up to six months imprisonment (two years less a day on December 18, 2019), 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 jail time.


=== b) Indictable offences ===
=== b) Indictable offences ===
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