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All non-summary offences are indictable: the available penalties are greater for indictable offences than for summary offences. These in turn may be divided into three categories: 1. Very serious indictable-only offences including treason and murder (section 235) [2] that are listed in section 469 of the Criminal Code. [2]
The police can file a first information report (FIR) only for cognisable offences. In cognizable cases police can make an investigation without prior permission of a magistrate. Cognizable cases are more serious than non-cognizable cases. [3] Normally, serious offences are defined as cognizable and usually carry a sentence of 3 years or more. [4]
According to Statistics Canada data from 2016, police reported 611 homicides across Canada in 2016, a rate of 1.68 per 100,000 people. [8] Canada's national homicide rate 2017 was the highest it's been in a decade, Statistics Canada says, because of a spike in gang-related violence and shootings.
R v Sault Ste-Marie (City of) [1978] 2 SCR 1299 is a Supreme Court of Canada case where the Court defines the three types of offences that exist in Canadian criminal law and further defines the justification for "public welfare" offences.
Guindon v Canada, 2015 SCC 41 is a landmark decision of the Supreme Court of Canada on the distinction between criminal and regulatory penalties, for the purposes of s.11 of the Canadian Charter of Rights and Freedoms. It also provides guidance on when the Court will consider constitutional issues when such had not been argued in the lower courts.
Monsanto Canada Inc v Schmeiser [2004] 1 S.C.R. 902, 2004 SCC 34 May 21, 2004 Patents Harper v Canada (AG) [2004] 1 S.C.R. 827, 2004 SCC 33 May 18, 2004 Freedom of speech, federal elections Society of Composers, Authors and Music Publishers of Canada v Canadian Assn of Internet Providers [2004] 2 S.C.R. 427, 2004 SCC 44 June 30, 2004
The data suggest that for every incident of physical attack or fight with a weapon referred to local law enforcement from schools without regular contact with SROs, 2.56 are referred in schools with regular contact with SROs, with p < 0.05.
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).