Criminal Law in Canada

What should I do if police want to question me about a criminal matter in Canada?

You have the right to remain silent and speak to a lawyer first under section 10(b) of the Charter. Police must inform you of this right upon arrest or detention. You should clearly state you want to speak to a lawyer before answering questions. Anything you say can be used as evidence against you in court.

What's the difference between summary and indictable offences under the Criminal Code?

Summary offences are less serious crimes tried only in provincial court with maximum penalties typically under two years. Indictable offences are more serious, may be tried in superior court, and carry heavier penalties including life imprisonment. Some offences are hybrid, allowing the Crown to choose how to proceed.

Can I get a lawyer if I cannot afford one for criminal charges in Canada?

Yes, Legal Aid is available in all provinces and territories for those who meet financial eligibility requirements. You must apply through your provincial Legal Aid office. For serious charges, Legal Aid coverage is more likely to be approved. Duty counsel is also available at most criminal courts for immediate assistance.

How quickly must my criminal trial start in Canada?

Under the Jordan decision, trials should conclude within 18 months for provincial court matters and 30 months for superior court cases. Delays beyond these timeframes may result in charges being stayed for unreasonable delay. However, delays caused by the defence don't count against these limits.

How can Legal Hotline help with my criminal charges in Canada?

Legal Hotline explains your rights under the Criminal Code and Charter, helps you understand court procedures, and clarifies potential penalties for your charges. Our Genesis AI provides immediate information about bail, plea options, and court preparation. We also connect you with criminal lawyers experienced in Canadian courts when you need representation.