89 Saskatchewan Federation of Police Officers years. The mandatory minimum sentence increases to five years if you commit the offence for the benefit of, or at the direction of a criminal organization. Sexual assault The DoJ describes sexual assault as "any unwanted sexual act done by one person to another or sexual activity without one person's consent or voluntary agreement." Under s.271 (1) if you are convicted you face imprisonment for up to 10 years. If the charges proceed as a summary conviction you could be jailed for up to 18 months. Fraud Section 380 of the Code states that if you are found guilty of fraud over $5,000 it will be treated as an indictable offence with a maximum penalty of 14 years in prison. If the fraud exceeded $1 million, the minimum penalty you can face is two years in jail. If the alleged fraud is valued at less than $5,000, the Crown has the option of treating the charge as a summary conviction with a less severe penalty imposed. Assault The Criminal Code deals with the charge of assault starting at s.265 and states that you can face prosecution if you apply intentional force directly or indirectly on a victim without their consent. A threat that causes someone to believe they may suffer a physical injury may also result in an assault charge.There are several levels of assault, starting with simple or common assault and a wide range of penalties. If you are convicted of the summary offence of simple assault you face a maximum sentence of six months in jail and/or a $5,000 fine. Aggravated assault brings a maximum sentence of 14 years in jail. Theft Section 322 of the Code makes it an offence to take property from others without their consent, unless you honestly believe it is yours. There are various theft-related charges that cover elderly abuse including s.331, which makes it a crime for someone holding power of attorney to fraudulently sell, mortgage, pledge or otherwise dispose of the property of a person under their care. If more than $5,000 is stolen and the charge is treated as an indictable offence the maximum punishment is a 10-year prison term.The sentence is less harsh for charges treated as summary convictions. If the theft was valued at less than $5,000 and the charge is treated as an indictable offence, the maximum punishment is two years less a day in jail. UtteringThreats If you verbally threaten someone you could be charged with uttering threats under s.264.1 (1) of the Code. Threatening to cause death or bodily harm will be treated as an indictable offence with the maximum punishment of five years in prison. Forcible Confinement Holding someone against their will is considered forcible confinement under s.279 of the Code and is liable to imprisonment for a term not exceeding 10 years if it is treated and an indictable offence. If the Crown proceeds as a summary conviction you would face a term not exceeding eighteen months. What is Needed to Convict The Crown prosecutor must prove beyond a reasonable doubt that you committed the offence and the victim is not fabricating the testimony against you. Any forensic evidence linking you to the crime can be challenged.Your lawyer may be able to show that your rights under the Canadian Charter of Rights and Freedoms were breached during a police investigation. www.criminalcodehelp.ca Elder Abuse Laws in Canada (continued) There’s no excuse for elder abuse. You have a right to be treated with respect. You have a right to be safe.
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