Mandatory Minimum Penalties: Their Effects on Crime, Sentencing Disparities, and Justice System Expenditures

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APPENDIX A: Mandatory Minimum Penalties in the 2001 Criminal Code

Offence	Section	Minimum	Maximum
Driving while impaired	s. 253(a)	14 days[1]	5 years[2]
Blood alcohol over .08	s. 253(b)	14 days[3]	5 years[4]
Fail/refuse to provide breath sample	s. 254(5)	14 days[5]	5 years[6]
Betting, pool-selling, book-making	s. 202	14 days[7]	2 years
Placing bets on behalf of others	s. 203	14 days[8]	2 years
High treason	s. 47(1)	Life[9]	Life
First degree murder	s. 231(1)-(6.1)	Life[10]	Life
Second degree murder	s. 231(7)	Life[11]	Life
Living off avails of child prostitution	s. 212(2.1)	5 years	14 years
Using a firearm during commission of offence	s. 85(1)	1 year[12]	14 years
Using imitation firearm during offence	s. 85(2)	1 year[13]	14 years
Criminal negligence causing death – Firearm	s. 220(a)	4 years	Life
Manslaughter – Firearm	s. 236(a)	4 years	Life
Attempted murder – Firearm	s. 239	4 years	Life
Causing bodily harm with intent – Firearm	s. 244	4 years	14 years
Sexual assault – Firearm	s. 272(1)	4 years	14 years
Aggravated sexual assault – Firearm	s. 273(1)	4 years	14 years
Kidnapping – Firearm	s. 279(1)	4 years	Life
Hostage taking – Firearm	s. 279.1(1)	4 years	Life
Robbery – Firearm	s. 344	4 years	Life
Extortion – Firearm	s. 346(1.1)	4 years	Life
Possession of firearm knowing it is unauthorized	s. 92(1)	1 year[14]	10 years
Possession of weapon/device/ammunition knowing its possession is unauthorized	s. 92(2)	1 year[15]	10 years
Possession of prohibited/restricted firearm with ammunition	s. 95(1)	1 year[16]	10 years
Possession of weapon obtained by commission of an offence	s. 96(1)	1 year[17]	10 years
Weapons trafficking	s. 99(1)	1 year	10 years
Possession for purpose of weapons trafficking	s. 100(1)	1 year	10 years
Making weapon into automatic fire	s. 102(1)	1 year[18]	10 years
Importing/Exporting firearm/prohibited weapon/ restricted weapon/prohibited device or prohibited ammunition	s. 103(1)	1 year	10 years

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• [1] This penalty pertains to a second conviction. A ninety-day minimum penalty is in place for subsequent convictions. There is no minimum for a first conviction.
• [2] This is a hybrid offence, the 5-year maximum pertains to charges that are proceeded by way of indictment. The maximum penalty for a summary charge is 6 months.
• [3] See note 1.
• [4] See note 2.
• [5] See note 1.
• [6] See note 2.
• [7] See note 1.
• [8] Ibid.
• [9] This is a life sentence with the minimum parole eligibility set at 25 years.
• [10] This is a life sentence with the minimum parole eligibility set at 25 years.
• [11] This is a life sentence with the minimum parole eligibility set at 10 years.
• [12] This penalty pertains to the first conviction under this section. Subsequent convictions carry a 3-year mandatory minimum penalty. The maximum remains set at 14 years for subsequent convictions. In addition, the sentence for a conviction under this section is to be served consecutively to any other punishment imposed arising out of the same event or series of events.
• [13] Ibid.
• [14] This penalty pertains to the first conviction under this section. Subsequent convictions carry a 2-year less a day mandatory minimum penalty. The maximum remains set at 10 years for subsequent convictions.
• [15] Ibid.
• [16] This is a hybrid offence. The 1-year minimum and 10 year maximum pertains to charges that are proceeded by way of indictment. There is no minimum for a summary conviction and the maximum penalty for a summary charge is 1 year.
• [17] Ibid..
• [18] Ibid.

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