Criminal cases and provincial offence cases are two different types of legal proceedings in Canada. Criminal cases are prosecuted by the Crown under the Criminal Code of Canada, while provincial offense cases are prosecuted by provincial or territorial governments under provincial or territorial laws.
One of the key differences between criminal cases and provincial offense cases is the severity of the penalties. Criminal offenses are generally more serious and can result in more severe penalties, including imprisonment. Provincial offenses are generally less serious and may result in fines, license suspensions, or other lesser penalties. Example of these include traffic safety violations, fire code infractions, and offences charged by conservation officers.
Another key difference is the process of prosecution. Criminal cases are typically more complex and involve a more rigorous trial process. Provincial offense cases are typically less complex and may sometimes be heard by a justice of the peace.
Here is a table that summarizes the key differences between criminal cases and provincial offense cases in Canada:
| Characteristic | Criminal case | Provincial offense case |
|---|---|---|
| Level of government | Federal | Provincial or territorial |
| Type of law | Criminal Code of Canada | Provincial or territorial laws |
| Severity of penalties | More severe | Less severe |
| Process of prosecution | More complex | Less complex |
Here are some examples of criminal offences:
- Murder
- Manslaughter
- Assault
- Sexual assault
- Robbery
- Theft
- Drug trafficking
- Fraud
Here are some examples of provincial offences:
- Speeding, oversize or unsecured loads
- Parking tickets
- Public intoxication
- Offences under the Wildlife Act
- Trespassing
- Dog leash violations, inhumane treatment of animals
- Noise violations
If you have been charged with a criminal offense or a provincial offense, it is important to understand your rights and options. You should consult with a lawyer to get advice on your case.
What to do if you have been charged with a criminal offense or a provincial offense
If you have been charged with a criminal offense or a provincial offense, you should:
- Remain calm and do not say anything to the police or other authorities before speaking with a lawyer.
- Contact a lawyer as soon as possible.
- Review the charge sheet carefully and understand what you are being charged with.
- Gather any evidence that you have to support your defence.
- Attend all court dates and follow the advice of your lawyer.
It is important to remember that you are presumed innocent until proven guilty in Canada. You have the right to a fair trial and to be represented by a lawyer.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.