[TURKEY-POINT]

Is there a statute in Manitoba in criminal matters? If so , how many years?

[CaptainForest]

When you ask about a SOL in Manitoba, I assume you mean you kill someone, how long does the Crown have to file charges against you? Or perhaps you raped someone? Or perhaps you assaulted someone? Stole something?

I assume that is on the lines of what you are asking?

Assuming that is, you should know that the fact that you are in Manitoba is irrelevant. Criminal matters are a federal responsibility and therefore are governed by federal legislation, not provincial.

So, in terms of federal sol's on filing criminal charges:


Here is what I found on http://www.weitzlux.com/statuteoflim...more_4294.html

In contrast, Canada has a criminal limitations periods only for summary (less serious) offences. The period is six months from the date of the offence. Thus, A can only be charged with failing to inform of a hole in ice (an actual offence) within six months of the time of commission, unless both the Crown and the defence agree. In the case of indictable (more serious) offences, if A sexually assaulted V, A could be charged any time in the future—even if the crime happened twenty years ago.

So there is your answer.

Summary offence = SOL of 6 months
Indictable offence = no SOL

What is the difference b/w the 2?

INDICTABLE OFFENCE
An "indictable offence" is an offence designated as such in the Criminal Code of Canada, where the Crown has not elected to proceed by way of summary proceeding. For indictable offences the penalty or punishment that results from conviction is usually set out in the Criminal Code and if not, the maximum punishment is five years in prison. There are few limitations affecting the timing upon which a charge can be laid after the commission of the offence and usually the accused is required to personally appear in court to enter a plea to the charge. A summary offence as designated in the Criminal Code involves a maximum punishment of between six and 18 months depending on the specific offence. In the case of a summary offence, there is a limitation period of six months between the date upon which the offence occurred and the date upon which the charge can be laid. The accused can have a representative appear in court on their behalf to enter a plea. Some offences in the Criminal Code are designated as "hybrid" or "dual," which allows the Crown prosecutor to elect the direction of the proceedings towards either an indictable or summary conviction. In these cases, the offence is always regarded as indictable until the Crown prosecutor formally elects to proceed by way of summary offence.

SUMMARY OFFENCE
A summary offence as designated in the Criminal Code of Canada involves a maximum punishment of between six and 18 months depending on the specific offence. In the case of a summary offence, there is a limitation period of six months between the date upon which the offence occurred and the date upon which the charge can be laid. The accused can have a representative appear in court on their behalf to enter a plea. Some offences in the Criminal Code are designated as "hybrid" or "dual," which allows the Crown prosecutor to elect the direction of the proceedings towards either an indictable or summary conviction. In these cases, the offence is always regarded as indictable until the Crown prosecutor formally elects to proceed by way of summary offence.

Source: http://www.solgen.gov.ab.ca/corrections/glossary.aspx

Criminal Code of Canada, see here: http://laws.justice.gc.ca/en/C-46/