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-   -   Theft (https://www.askmehelpdesk.com/showthread.php?t=40817)

  • Nov 4, 2006, 01:06 PM
    crow
    Theft
    Could someone please tell me what the statute of limitations is on theft in manitoba. Revenue canada want to talk to me about g.s.t. returns that I received. via a different person who was responseable for doing all the paperwork.
  • Nov 4, 2006, 09:44 PM
    phillysteakandcheese
    In Canada, you are require to keep you tax records for at least 7 years. If the CRA is going after you for filings made within the 7 year period, you'll have to deal with it based on your records and what they've assessed. If you don't have your records, their assessment will stand.
  • Nov 5, 2006, 03:46 PM
    CaptainForest
    Crime is a federal issue in Canada, so federal laws will apply. It doesn't matter if you are in Manitoba, Ontario, or Alberta.

    For summary offences, the SOL is 6 months. (see Criminal Code, section 786 (2) ).

    For indictable offences, there is no SOL.

    Sexual assault is an indictable offence.

    Theft under $5000 Cdn is a hybrid offence, (Criminal Code, section 334) meaning it can be prosecuted summarily or by indictment. If by summary, the 6 month SOL exists, but if my indictment, there is no time limit.

    See http://laws.justice.gc.ca/en/c-46/text.html for the complete Criminal Code.

    I don't quite understand why the CRA would want to talk to you about a crime of theft.
  • Nov 6, 2006, 02:49 PM
    natalija
    Hello,

    I do not understand what does this sentence mean "eft under $5000 Cdn is a hybrid offence, (Criminal Code, section 334) meaning it can be prosecuted summarily or by indictment. If by summary, the 6 month SOL exists, but if my indictment, there is no time limit."

    Thanks to explain to me
  • Nov 7, 2006, 01:43 PM
    CaptainForest
    Quote:

    Originally Posted by natalija
    i DO NOT UNDERSTAND WHAT DOES THIS SENTENCE MEAN

    Every criminal offence in Canada can be broken into 2 categories: indictable offences and summary offences.

    Indictable offences are MORE serious crimes such as sexual assault (rape).

    Summary offences are LESS serious crimes such as vandalism


    If a crime is designated as a hybrid offence, then the Crown Prosecutor has the CHOICE whether to proceed with the crime as either an indictable or summary offence.

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