It is common to confuse criminal and penal offences. Yet, although these terms seem similar, they are quite different. Indeed, they refer to legal realities with distinct implications. Consequently, it is important to properly understand each of these concepts.

Criminal offences

Criminal law falls under federal jurisdiction in Canada. Thus, it is uniform throughout the country. Indeed, the province where the offence was committed is not relevant.

Most of these offences are set out in the Criminal Code. In addition, the Controlled Drugs and Substances Act also applies. The same is true for the Firearms Act. For example, impaired driving and theft are criminal offences. Likewise, fraud and murder are criminal offences.

Furthermore, criminal law is characterized by its objective of punishing certain behaviours. Indeed, it targets acts considered morally blameworthy and dangerous. In addition, it aims to deter their repetition within society.

Penal offences

By contrast, a penal offence affects public welfare. More specifically, it corresponds to the violation of a provincial or municipal law. For example, the Highway Safety Code is a provincial law. These laws are adopted in order to regulate the behaviour of citizens. Thus, they serve the collective interest of society.

Indeed, the act is prohibited because it violates specific rules. These rules aim to prevent situations that may be harmful to safety. In addition, they protect the general well-being of society.

Moreover, the sanction provided mainly serves a preventive function. Indeed, it seeks to prevent the occurrence of potential harm. To do so, it imposes compliance with minimum standards of conduct. That is why, in the vast majority of cases, the penalty will be a fine. Thus, this sanction serves as a warning to the citizen. In addition, it encourages them to correct their behaviour.

Categories of offences

The court determines guilt based on the degree of intent required. Indeed, three categories are distinguished :

Category 1. First, a criminal offence requires proof of guilty intent. In other words, the accused must have intentionally committed the prohibited act. This is what is referred to as mens rea in law.

Category 2. Second, in matters of regulatory penal offences, the rule is different. Indeed, strict liability is presumed. However, the accused may present a due diligence defence. To do so, they must prove that all necessary precautions were taken. Consequently, the prosecution bears the burden of proving the act. Then, the accused may present their defence.

Category 3. Third, absolute liability is the strictest category. Indeed, guilt results solely from proof of the act. In other words, once the material offence is established, the person is guilty. Thus, they cannot invoke due diligence as a defence. Likewise, a reasonable mistake of fact cannot be raised.

To learn more about possible sanctions, consult our article on types of penalties in criminal and penal law.

Long-term consequences

It is important to understand that these two types of offences do not have the same repercussions. Indeed, criminal and penal offences also differ in their consequences.

On the one hand, a criminal conviction results in a criminal record. Consequently, it may affect your employment and your ability to travel. In addition, it may harm your immigration status in Canada.

On the other hand, a penal offence generally results in a fine. However, it usually does not lead to a criminal record. Nevertheless, failing to pay a fine may lead to other consequences. For example, a driver’s licence may be suspended. Thus, penal offences should not be neglected either.

Conclusion

In summary, the distinction between a criminal and a penal offence is fundamental. Indeed, these two categories fall under different laws and principles. In addition, their consequences may significantly affect your daily life. Consequently, it is essential to understand the nature of the charges.

For any questions relating to a criminal or penal offence, our firm can assist you. We provide personalized support at every stage of the judicial process. In addition, we ensure the protection of your fundamental rights. Do not hesitate to consult us for an evaluation of your situation.