A crown offence, in Canada, refers to a criminal offence that is considered more severe and is prosecuted by the federal government rather than the provincial government. Crown offences make up the majority of crimes prosecuted in Canada.
What are the different levels of offences in Canada?
In Canada, criminal offences are divided into three categories based on severity:
- Summary conviction offences – Minor offences that are punishable by shorter prison sentences and smaller fines. They are prosecuted by the provincial government.
- Hybrid offences – Can be prosecuted as either summary conviction or indictable offences, at the discretion of the Crown prosecutor.
- Indictable offences – Serious crimes punishable by longer prison sentences. Indictable offences are further divided into two categories:
- Straight indictable offences – Always prosecuted as indictable offences.
- Crown elections – Can be prosecuted as either indictable or summary conviction offences, at the choice of the Crown prosecutor.
Crown offences include straight indictable offences and Crown elections. Since they are considered the most severe crimes, they are prosecuted by the federal government rather than provincial governments.
What are some examples of crown offences?
Some common examples of crown offences include:
- Murder
- Manslaughter
- Robbery
- Theft over $5000
- Sexual assault
- Kidnapping
- Major drug offences (e.g. trafficking)
- Possession of child pornography
- Arson
- Extortion
Generally, any offence that carries a maximum punishment of 5 years or more in prison is considered a crown offence. Offences prosecuted by indictment with maximum sentences of 2 to 5 years in prison can also be prosecuted as crown offences at the discretion of the Crown prosecutor.
Why are crown offences prosecuted by the federal government?
There are several reasons why crown offences are prosecuted federally rather than provincially:
- They are considered offences against the Crown (the state) rather than just an individual victim.
- They disrupt public order and threaten society as a whole.
- They require greater resources and prosecutorial experience to try.
- They maintain consistency in the prosecution of serious crimes across different provinces.
- Federal prosecutors are seen as being more independent from regional biases or influences.
The federal government assumes responsibility for prosecuting serious crimes through Public Prosecution Service of Canada. They have the resources and experience to take on large criminal cases.
How does the prosecution process work for crown offences?
Here is the typical process for prosecuting a crown offence in Canada:
- Police investigate crime and recommend charges to Crown prosecutor
- Crown prosecutor reviews investigation and formally lays charges
- First appearance in provincial court, accused enters plea
- Preliminary inquiry may be held to determine if there is enough evidence to go to trial
- Trial held in provincial superior court before judge and jury
- Crown prosecutor presents evidence to obtain conviction
- If convicted, judge sentences the offender based on parameters in Criminal Code
Key points:
- Crown prosecutor controls the prosecution and decides how to proceed
- Trials are heard before provincial superior courts rather than lower provincial courts
- Serious indictable offences require a preliminary inquiry before trial
- Crown offences have jury trials rather than bench trials
What is the burden of proof for crown offences?
The burden of proof for crown prosecutors is to establish the accused’s guilt “beyond a reasonable doubt.” This is the highest standard of proof in the Canadian legal system. Key aspects include:
- Accused is innocent until proven guilty
- Crown must present sufficient evidence to prove guilt beyond any reasonable doubt
- Judge or jury must be virtually certain of guilt to convict
- Reasonable doubt exists if any other plausible explanation exists
- Benefit of doubt goes to the accused
- Better to have a guilty person go free than wrongly convict
This high standard minimizes wrongful convictions but can make prosecuting crown cases more challenging. Skilful crown attorneys are needed to overcome reasonable doubt.
What are the penalties for crown offences?
The maximum penalties for indictable crown offences include:
| Offence Category | Maximum Penalty |
|---|---|
| Treason | Life imprisonment |
| Murder 1st degree | Life imprisonment with no parole for 25 years |
| Murder 2nd degree | Life imprisonment with no parole for 10-25 years |
| Manslaughter | Life imprisonment |
| Robbery | Life imprisonment |
| Major sexual assault | 10 years imprisonment |
| Kidnapping | Life imprisonment |
For most crown cases, the actual sentence is lower than the maximum and depends on mitigating factors. The judge has latitude within the Criminal Code parameters.
What happens in youth crown offence cases?
When young offenders under 18 are charged with crown offences, the prosecution process has some key differences:
- Cases are heard in youth courts rather than adult courts
- Publication bans protect the youth’s identity
- Crown can consider seeking an adult sentence
- Emphasis is on rehabilitation rather than punishment
- Sentences usually involve community supervision and support
- Transfers to adult facilities may occur for serious violent offences
The youth criminal justice system aims to balance public safety with the long-term best interests of the young offender.
How often are crown offences prosecuted?
Crown offences make up about 20% of all criminal cases prosecuted in Canada. According to Statistics Canada, over 400,000 crown cases entered the courts in 2018-2019. The most common crown offences were:
- Sexual assault – 10,408 cases
- Major assault – 9,554 cases
- Robbery – 6,550 cases
- Break and enter – 5,407 cases
- Impaired driving – 4,941 cases
- Fraud over $5000 – 4,428 cases
These statistics demonstrate that crown prosecutors handle a significant caseload across Canada. Their work is essential for maintaining public safety and order.
What does a Crown prosecutor do?
Crown prosecutors have the following key responsibilities:
- Review investigation reports and decide if charges are warranted
- Prepare case strategy and decide how to prosecute the case
- Represent the Crown in bail hearings
- Interview witnesses and gather additional evidence
- Disclose all relevant evidence to the defence
- Assess merits of plea bargains
- Conduct jury selection for jury trials
- Present evidence in court and examine/cross-examine witnesses
- Make sentencing recommendations to the judge after conviction
- Communicate with victims throughout the process
Crown prosecutors must be excellent communicators, investigators, and litigators to succeed in this demanding role.
How does someone become a Crown prosecutor?
The requirements to become a Crown prosecutor include:
- Completion of JD/LLB degree
- Membership in provincial law society
- Completion of bar admission course/exam
- Minimum 2-3 years criminal law experience
- Exceptional written and oral communication skills
- Good interpersonal skills for working with police, victims, etc.
- Analytical skills to assess investigations
- Litigation experience for trials
Many Crown prosecutors start in the private criminal defence bar and then switch over. Competition for Crown attorney roles is very high due to the prestigious nature of the work.
Conclusion
Crown offences are serious criminal charges prosecuted by the federal government in Canada. They include indictable offences like murder, sexual assault, and robbery that threaten public safety. Crown prosecutors must prove these cases beyond a reasonable doubt to secure convictions and have a major role in maintaining law and order. Although challenging work, serving as a Crown attorney is a rewarding way to get justice for victims and protect society at large.