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Criminal penalties in Canada
Checked in October 2026 against the Criminal Code (R.S.C., 1985, c. C-46), current to 21 September 2026.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.
How Canada sets penalties
- Canada's Criminal Code has indictable offences (the more serious, tried with the full procedure), summary conviction offences (the less serious) and hybrid offences, which the Crown may prosecute either way. Most offences in this table are hybrid or indictable.
- Maximums are stated as 'a term not exceeding' a number of years, or 'imprisonment for life'. For many offences the Code sets no minimum, so the court may impose any shorter term, a fine or a non-custodial sentence. Where a minimum exists, it is shown.
- Murder is the one offence with a mandatory sentence: imprisonment for life (s. 235). The sentence also fixes how long the offender must serve before parole eligibility: 25 years for first degree murder, and 10 to 25 years for second degree murder, as the judge decides (s. 745).
- On summary conviction the general penalty is a fine of up to $5,000, or imprisonment for up to two years less a day, or both (s. 787(1)).
- Many mandatory minimum penalties were repealed in 2022. Those that remain mostly apply where a firearm is used, and are shown on the relevant offences.
- This table shows first-offence ranges. A second or later offence can bring higher minimums, for example for impaired driving (s. 320.19).
Death penalty: No. The Criminal Code's punishment for first degree and second degree murder is imprisonment for life (s. 235), with a period before parole eligibility set by s. 745.
Read the Canada legal-system profile in the Legal Families Atlas →
First-degree murder
Imprisonment for life, with no parole eligibility for 25 years
First degree murder (Indictable offence)
- Least
- Imprisonment for life, with no parole eligibility until 25 years have been served (s. 745(a))
- Most
- Imprisonment for life
The life sentence is mandatory (s. 235(2) treats it as a minimum punishment).
First degree murder is murder that is planned and deliberate, or that falls in the other categories of s. 231 (for example, the murder of a police officer or a killing during certain serious crimes). Both degrees of murder carry a mandatory life sentence.
Second-degree murder
Imprisonment for life, with no parole eligibility for 10 to 25 years
Second degree murder (Indictable offence)
- Least
- Imprisonment for life, with no parole eligibility until at least 10 years have been served (s. 745(c))
- Most
- Imprisonment for life
The judge may set the period before parole eligibility at any number of years from 10 to 25 (s. 745(c), s. 745.4). The life sentence is mandatory.
Voluntary manslaughter
Imprisonment for life; at least 4 years if a firearm is used
Manslaughter (Indictable offence)
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life
No minimum is set where no firearm is used.
Manslaughter with a firearm (Indictable offence)
- Least
- 4 years
- Most
- Imprisonment for life
Canada has one offence of manslaughter. A killing in the heat of passion caused by sudden provocation can reduce what would be murder to manslaughter (s. 232). The court must consider a life sentence for manslaughter in listed aggravated circumstances, such as a pattern of coercive or controlling conduct towards an intimate partner (s. 236(2)).
Robbery
Imprisonment for life; at least 5 years if a restricted or prohibited firearm is used
Robbery (Indictable offence)
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life
No minimum is set in the ordinary case.
Robbery with a restricted or prohibited firearm, or with any firearm for a criminal organization (Indictable offence)
- Least
- 5 years (7 years for a second or later offence)
- Most
- Imprisonment for life
Burglary
Up to 10 years (a place other than a dwelling) or life (a dwelling-house)
Breaking and entering a place other than a dwelling-house (Hybrid offence (indictable or summary))
- Least
- No minimum term set by the statute
- Most
- 10 years
On summary conviction the general penalty is a fine of up to $5,000, or imprisonment for up to two years less a day, or both (s. 787(1)).
Breaking and entering a dwelling-house (Indictable offence)
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life
The Code calls this breaking and entering. A break-in at a place other than a dwelling-house can be prosecuted summarily.
Arson
Up to 14 years (damage to property) or life (disregard for human life)
Arson causing damage to property not wholly owned by the offender (Indictable offence)
- Least
- No minimum term set by the statute
- Most
- 14 years
Arson with disregard for human life (property known or thought to be inhabited or occupied, or the fire causes bodily harm) (Indictable offence)
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life
Aggravated assault
Up to 10 years (assault with a weapon or causing bodily harm) up to 14 years (aggravated assault)
Assault with a weapon, causing bodily harm, or choking, suffocating or strangling (Hybrid offence (indictable or summary))
- Least
- No minimum term set by the statute
- Most
- 10 years
On summary conviction the general penalty is a fine of up to $5,000, or imprisonment for up to two years less a day, or both (s. 787(1)).
Aggravated assault (wounding, maiming, disfiguring or endangering life) (Indictable offence)
- Least
- No minimum term set by the statute
- Most
- 14 years
Rape and sexual assault
Up to 10 years (sexual assault) up to life (aggravated sexual assault)
Sexual assault (Hybrid offence (indictable or summary))
- Least
- 1 year if the complainant is under 16 (6 months on summary conviction)
- Most
- 10 years (14 years if the complainant is under 16)
On summary conviction the maximum is two years less a day.
Sexual assault with a weapon, threats to a third party or causing bodily harm (Indictable offence)
- Least
- 4 years if a firearm is used; 5 years if the complainant is under 16
- Most
- 14 years (life if the complainant is under 16)
Aggravated sexual assault (wounding, maiming, disfiguring or endangering life) (Indictable offence)
- Least
- 4 years if a firearm is used; 5 years if the complainant is under 16
- Most
- Imprisonment for life
Kidnapping
Imprisonment for life; at least 4 years if a firearm is used
Kidnapping (Indictable offence)
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life
No minimum is set where no firearm is used and the victim is not under 16.
Kidnapping with a firearm (Indictable offence)
- Least
- 4 years (5 years if a restricted or prohibited firearm is used, or if it is for a criminal organization)
- Most
- Imprisonment for life
Embezzlement
Up to 2 years (value $5,000 or less) up to 14 years (fraud or criminal breach of trust)
Theft, value of $5,000 or less (Hybrid offence (indictable or summary))
- Least
- No minimum term set by the statute
- Most
- 2 years
On summary conviction the general penalty is a fine of up to $5,000, or imprisonment for up to two years less a day, or both (s. 787(1)).
Theft, value over $5,000 (Hybrid offence (indictable or summary))
- Least
- No minimum term set by the statute
- Most
- 10 years
On summary conviction the general penalty is a fine of up to $5,000, or imprisonment for up to two years less a day, or both (s. 787(1)).
Fraud, value of $5,000 or less (Hybrid offence (indictable or summary))
- Least
- No minimum term set by the statute
- Most
- 2 years
On summary conviction the general penalty is a fine of up to $5,000, or imprisonment for up to two years less a day, or both (s. 787(1)).
Fraud, value over $5,000 (Indictable offence)
- Least
- No minimum term set by the statute
- Most
- 14 years
Criminal breach of trust (a trustee converting trust property, with intent to defraud) (Indictable offence)
- Least
- No minimum term set by the statute
- Most
- 14 years
The Criminal Code has no offence called embezzlement. The nearest are theft (s. 334), fraud (s. 380) and criminal breach of trust (s. 336). Theft and fraud are punished by value: $5,000 or less, or more than $5,000.
Forgery
Up to 10 years
Forgery (Hybrid offence (indictable or summary))
- Least
- No minimum term set by the statute
- Most
- 10 years
On summary conviction the general penalty is a fine of up to $5,000, or imprisonment for up to two years less a day, or both (s. 787(1)).
Drunk driving, first offence
A fine of at least $1,000 (up to 10 years indictable; or a fine up to $5,000 or two years less a day, on summary conviction)
Operating a conveyance while impaired, or with a blood alcohol concentration of 80 mg per 100 mL or more, first offence (Hybrid offence (indictable or summary))
- Least
- A fine of $1,000
- Most
- 10 years (indictable); a fine of up to $5,000, or two years less a day, or both (summary)
- Fine
- At least $1,000
Where the offence causes bodily harm the maximum is 14 years (s. 320.2).
The offence covers operating a conveyance while impaired to any degree by alcohol or a drug, and having a blood alcohol concentration of 80 mg per 100 mL of blood or more within two hours after ceasing to operate it. A second offence brings a minimum of 30 days in prison, and each later offence 120 days.
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