New classification of offences

Question 1

Changes to offences

Answer 1

1. Over 100 indictable offences now hybrid offences - allow crowns greater discretion in how to proceed with less serious prosecutions.
2. Police have up to 12 months to charge for a straight summery offence – increase from 6 months.
3. Summary convictions increase to 12 months imprisonment up to 2 years less a day imprisonment, and/or a $5000 fine.

Exceptions:
- Exposure involving a person under the age of 16 – max penalty is still six months
- Sexual assault against a person who is 16 yrs. or older – max penalty is still 18 months
Injuring /Endangering cattle – max penalty is 18 months

Question 2

Intimate Partner Violence and Choking offence

Answer 2

The bill has added a definition of “intimate partner” to section 2 of the Criminal Code.
- “intimate partner” includes a person’s current or former spouse, a common‐law
partner and a dating partner.
- There now exists a reverse onus during a bail hearing for an accused who has been previously convicted of an offence against an
intimate partner. XXX Whats this mean?

A justice can impose a longer maximum sentence when an accused is convicted of an indictable offence against an intimate partner and have a previous conviction for similar offence.

Question 3

Sections 267 and 272 - any choking during an assault (weapon / CBH) or sexual assault

Answer 3

Bill C-75 would change sections 267 and 272 to deem any choking during an assault or sexual assault to constitute a separate offence.

Question 4

Things to Consider

Answer 4

• Aggravated assault or aggravated sex assault when endangering life carries a punishment of up to imprisonment for life.
• the updated sections 267 and 272 for choking carry a maximum imprisonment for 14yrs.