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You can get more time for growing plants than soliciting a child under Bill C-15

By admin | December 10, 2009


There are about 40 offences under the /Criminal Code/ for which a
mandatory minimum sentence of imprisonment (MMS) must be imposed. Apart
from life imprisonment for murder and some miscellaneous MMS,(1)
<#footnote1> they fall under three categories and may be summarized as
follows (with year of original enactment in parentheses):

A. Offences Involving Firearms and Other Weapons

* Four years when a firearm is used in the commission of
manslaughter, attempted murder, bodily harm with intent, sexual
assault, aggravated sexual assault, kidnapping, hostage-taking,
robbery, extortion and criminal negligence causing death (1995)
* One year (first conviction) and three years (second or subsequent
conviction) for using a firearm in the commission of an indictable
offence, in an attempt, or during flight afterwards (1977)
* One year for importing or exporting a firearm knowing it is
unauthorized, and weapons trafficking (1995)
* One year (if the Crown proceeds by indictment) for possessing a
prohibited or restricted firearm with ammunition, possessing a
weapon obtained through an offence, or making an automatic firearm
* One year (second conviction) and two years less a day (third or
subsequent conviction) for possessing a firearm, weapon, device or
ammunition knowing it is unauthorized (1995)

B. Sexual Offences Involving Children

* Two years for living off the avails of prostitution of someone
under 18 (2005); five years if violence, intimidation or coercion
is used (1997)
* Six months for soliciting the sexual services of someone under 18
* Six months if a parent, guardian or householder procures or
permits prohibited sexual activity of a child under 14; 45 days if
the child is 14 to 18 (2005)
* 45 days if a person in a position of trust or authority sexually
exploits a child under 14; 14 days if the child is 14 to 18 (2005)
* One year (conviction by indictment) or 90 days (summary
conviction) for producing, distributing, importing or exporting
child pornography (2005)
* 45 days (conviction by indictment) or 14 days (summary conviction)
for possessing or accessing child pornography, and sexually
touching a person under 14 (2005)

C. Impaired Driving

* 14 days (second conviction) and 90 days (third or subsequent
conviction) for impaired driving (1921), a blood alcohol level
over .08 (1976) and refusing to provide a breath sample (1976)

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