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Home > Law > Criminal Law   »   Is a provincial offence a criminal offence?

 
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Old Dec 12, 2006, 01:01 PM
natalija
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Is a provincial offence a criminal offence?

from http://72.14.205.104/search?q=cache:...ient=firefox-a

advise me based on canada rules


Is a provincial offence a criminal offence?
A person may be fined or imprisoned for criminal offences or for
provincial offences. Provincial offences are not criminal offences
but in some ways these two types of offences are alike. The
Constitution of Canada gives the power to make criminal law only
to the federal government. Any law the federal government makes
applies across the country. The Constitution gives the provinces
the power to make laws too. These laws are called provincial laws.
Each province has different laws.
A person who breaks a criminal law may be punished with a fine, a
jail sentence or one of several other sentences. Many provincial
offences are also punishable by fine or
imprisonment. Usually the law that
creates the offence says what the
maximum penalty or fine may be.
Some provincial laws also say that if a
person does not pay a fine the judge
may order the person to go to jail.
Although there may be little difference in the fine imposed, often a
greater stigma attaches to a criminal prosecution than to a
prosecution for a provincial offence.
A conviction under a provincial law does not form part of a
criminal record. The province keeps records for its purposes. For
example, provinces keep records of driving offences for licensing
purposes. A conviction under The Highway Traffic Act of
Saskatchewan, for example, forms part of a person's driving
record in this province. Provincial officials use the driving record to
decide whether to suspend or renew a driver's licence. Drivers
with a poor record may have to pay a penalty.

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Old Dec 12, 2006, 07:06 PM   #2  
natalija
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and this:

Another major difference between federal and provincial penal powers is the legal significance of a conviction. Unless otherwise provided, the Criminal Code, R.S.C. 1970, c. C-34 applies to a violation of any penal provision of a federal act.29 In effect, all such violations are crimes and result in the creation of a "criminal record." Since a violation of a provincial penal statute is an offence and not a crime, provincial offenders do not, in a strict legal sense, have a criminal record — despite the fact that official records are maintained and the sanctions imposed may be severe. The most important difference between a conviction for a federal crime and a provincial offence stems from the collateral punitive consequences that often result from the former.30
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