Criminal Law in Canada

The police want to question me. Do I have to talk to them?

Beyond identifying yourself in defined situations (such as when driving), no. The Charter protects your right to silence, and on arrest or detention you have the right to counsel without delay — police must tell you about free duty counsel, available by phone at any hour, and hold off eliciting evidence until you've had a reasonable opportunity to use it. Polite and brief is the approach: give your identification, say you wish to speak to a lawyer, and say nothing about the allegation. Anything you volunteer is evidence.

What happens at a first appearance?

Administration, not judgment. The charge is read or confirmed, the Crown provides (or promises) disclosure — the evidence against you — legal aid and representation get sorted, and the matter is adjourned. You will not have a trial that day and you should not plead guilty at a first appearance: a plea can almost always wait until you have seen the disclosure and had advice. Duty counsel at the courthouse can speak for you on the day, free.

How does bail work in Canada?

The law starts from release: under s 515 of the Criminal Code you should be released at the earliest reasonable opportunity on the least onerous conditions that will secure attendance, protect the public and maintain confidence in justice. For most charges the Crown bears the onus of showing why you should be detained or heavily conditioned; for some offences — including certain firearms matters and repeat violent offending — the onus reverses onto you. Practical things win bail hearings: a stable address, a surety, workable conditions. Breaching bail is a separate criminal offence.

What's the difference between summary and indictable offences?

Procedure and stakes. Summary offences are the less serious stream — generally a maximum of 2 years less a day, dealt with entirely in provincial court. Indictable offences carry higher maximums, and for many you can elect trial in the superior court, sometimes with a jury. Most Criminal Code offences are hybrid: the Crown chooses the stream, and that election shapes the maximum penalty, the court, the procedure — and later, how long you wait for a record suspension (5 years summary, 10 indictable).

Can I avoid a criminal record even if I did it?

Often, for the right charge and circumstances. Crown diversion programs resolve many minor first-time charges without a finding of guilt. Where there is a finding of guilt, courts can grant an absolute or conditional discharge — you are found guilty but not convicted, and no conviction is registered. Further up, fines, probation and conditional sentences exist before imprisonment. Which exits are realistically open depends on the charge, your record and your province's programs — exactly the conversation to have before any plea.

My teenager has been charged. Is it the same system?

No. Young people aged 12 to 17 are dealt with under the Youth Criminal Justice Act — a separate regime that prefers warnings, referrals and extrajudicial sanctions over court for less serious matters, protects the young person's identity from publication, and sentences on different principles with different records rules. Children under 12 cannot be charged at all. Parents are notified, and the young person has the same rights to counsel — exercised with extra protections around police statements.

How do I clear my record?

Apply to the Parole Board of Canada for a record suspension (what most people still call a pardon) once you have completed every part of your sentence — including fines — and stayed conviction-free for the waiting period: 5 years for summary offences, 10 for indictable. The application fee is $50. A suspension sets your record aside from routine checks; it does not erase it absolutely (it can be revived by reoffending, and some vulnerable-sector checks work differently). Absolute and conditional discharges purge on their own after 1 and 3 years respectively.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The free line gives clear, general legal information about Canadian criminal law and procedure — not legal advice on your specific situation — and calling creates no lawyer-client relationship. When you want advice on your facts, we connect you with a Canadian criminal lawyer for a one-hour consultation at a flat C$295 — the total, nothing added — bookable on the call, with the price confirmed before you pay anything.