Someone you love has been arrested, or you have — and the questions are coming fast. When is the bail hearing? Can the police hold you this long? Is this a summary or an indictable charge? Will you get out tonight? You do not have to sit in the dark guessing. Criminal law in Canada is federal — the same Criminal Code applies across every province and territory — but it is run through New Brunswick's own courts and prosecutors, and the first 24 hours matter more than almost anything that follows. New Brunswick is also Canada's only officially bilingual province, so you have a constitutional right to be dealt with in English or French. Our AI legal assistant, trained on the Criminal Code of Canada and New Brunswick procedure, can walk you through exactly what happens next, in plain English. Free legal information — call our free line now, as many questions as you like.
Free legal information. Not legal advice. Available 24/7 across New Brunswick.
Do two things right now. First: say nothing to the police beyond identifying yourself. Under section 10(b) of the Canadian Charter of Rights and Freedoms you have the right to retain and instruct counsel without delay and to be told of that right — ask to speak to a lawyer and stop talking until you have. In New Brunswick, the Legal Aid 24-hour telephone advice line lets anyone who has been arrested or detained speak to a lawyer by phone, with no income test, day or night. Second: count the clock. If you are held in custody, the police must bring you before a justice for a bail hearing without unreasonable delay, and within 24 hours if a justice is available (Criminal Code s.503). That first bail hearing is where your release is decided, so getting clear information before it happens is everything.
New Brunswick is the only officially bilingual province in Canada, and that is not a slogan — it has teeth in a criminal courtroom. Under section 19 of the Charter, anyone may use English or French in any court of New Brunswick. But the province's Official Languages Act goes further than the Charter floor: a New Brunswick court must understand the official language you choose without the assistance of an interpreter, and the court has a duty to ensure a witness can be heard in the official language of their choice, with simultaneous or consecutive interpretation provided on request. So you do not have to fight your case in your second language, and you do not have to "make do" with a translator if the judge cannot follow you directly. If you are more comfortable in French than English (or the reverse), say so at the first appearance — asserting the language of your choice early shapes which judge hears the matter and how the whole proceeding runs. Get clear information before you decide anything.
If you cannot afford a private lawyer, New Brunswick has a real safety net — legal aid, duty counsel and free public legal information, in both official languages. These are independent organisations, not Legal Hotline, but they are the right doors to know.
How long can the police hold me before I get a bail hearing in New Brunswick?
If you are held in custody, the police must bring you before a justice without unreasonable delay, and within 24 hours if a justice is available (Criminal Code s.503). Bail hearings and first appearances in New Brunswick are handled by the Provincial Court. Wherever possible the hearing is completed on your first appearance. To understand your specific timeline, get clear legal information before bail court.
Can I have my criminal case heard in French (or English) in New Brunswick?
Yes. New Brunswick is Canada's only officially bilingual province. Under section 19 of the Charter you may use English or French in any New Brunswick court, and the province's Official Languages Act goes further: the court must understand the official language you choose without an interpreter, and a witness can be heard in the language of their choice with interpretation provided on request. Tell the court your language of choice at the first appearance.
What is 'pre-charge screening,' and why does it matter in New Brunswick?
New Brunswick is one of only three provinces (with British Columbia and Quebec) where a Crown prosecutor generally reviews and approves a charge before the police lay it, rather than after. Public Prosecution Services of New Brunswick will approve a charge only where there is a reasonable prospect of conviction and a prosecution is in the public interest. Police keep a residual power to lay an information themselves, but that is the exception.
Is my charge a summary or an indictable offence — and what is a hybrid offence?
Summary conviction offences are the less serious ones (default maximum under s.787: a $5,000 fine and/or up to two years less a day). Indictable offences are more serious, with higher maximums. Many Criminal Code offences are "hybrid," meaning the Crown chooses whether to proceed summarily or by indictment — and that choice changes your penalty and trial options. We can explain which category your charge falls into.
What happens at a bail hearing, and what does 'reverse onus' mean?
Under Criminal Code s.515 the starting point is release on the least onerous conditions (the "ladder principle" from R. v. Antic), and the Crown normally has to justify keeping you in custody on the primary, secondary or tertiary grounds. For certain "reverse onus" charges the burden flips and you must show why you should be released. Understanding which applies to you before the hearing matters.
Which court will my New Brunswick criminal case be in?
Almost every case starts in the Provincial Court of New Brunswick, which handles bail, first appearances, all summary matters and many indictable charges, judge alone. The most serious matters — jury trials and s.469 offences such as murder — are tried in the Court of King's Bench of New Brunswick (Trial Division), which also hears summary conviction appeals. The Court of Appeal of New Brunswick in Fredericton is the province's highest court.
Will I get a criminal record, or can I avoid one?
Not necessarily. The Crown may agree to alternative measures or diversion for a minor first-time matter and withdraw the charge, and even after a finding of guilt a court can grant an absolute or conditional discharge under s.730 — guilty, but no conviction registered and no criminal record once the conditions are met (not available where a minimum penalty applies). These options have to be raised before you plead.
I was charged with impaired driving or 'over 80' — what are the penalties?
Under Criminal Code s.320.14 a first offence carries a minimum $1,000 fine (more if your blood-alcohol level is higher) and a mandatory minimum one-year driving prohibition, plus a concurrent provincial licence suspension in New Brunswick. If the Crown proceeds by indictment the maximum is up to 10 years. There is no "DUI" charge in Canada — these are impaired driving and "over 80" offences under the federal Criminal Code.
I'm not a Canadian citizen — can a criminal charge affect my immigration status?
It can, and it is a federal immigration question decided under the Immigration and Refugee Protection Act, not by the criminal court. Under IRPA s.36, an offence with a maximum of 10 years or more is "serious criminality," and inadmissibility turns on that maximum — not the sentence you actually get. So even a first-offence impaired charge with only a fine can threaten a permanent resident's status. The criminal and immigration sides need to be handled together.
How long does a criminal case take, and what is the Jordan rule?
Under R. v. Jordan (2016) a case is presumptively too slow if it takes more than 18 months in the Provincial Court, or 30 months in the Court of King's Bench, from the charge to the end of trial. Delay beyond those ceilings can lead to the charges being stayed, though defence-caused delay and exceptional circumstances are taken out of the count. Timing can genuinely affect the outcome.
Can I get my criminal record cleared in Canada?
Often, yes, through a record suspension (formerly a "pardon") from the Parole Board of Canada under the Criminal Records Act. You become eligible 5 years after completing your sentence for a summary offence, or 10 years for an indictable one, provided you have no new convictions. The application fee is modest and you can apply directly, without a lawyer or paid service.
Does this hotline give legal advice or get me a lawyer?
We give clear legal information — not legal advice — and any contact creates no lawyer-client relationship. Legal Hotline is not a law firm and not the New Brunswick Legal Aid Services Commission. The AI assistant is trained on Canadian criminal law and answers your questions for free, as many as you like. A paid consultation with a New Brunswick-licensed criminal defence lawyer, in English or French, is coming soon.
Are you a New Brunswick-licensed criminal defence lawyer? We're building our New Brunswick network ahead of launching paid consultations — connecting worried, urgent callers across Saint John, Moncton, Fredericton, Dieppe, Bathurst and the rest of the province with vetted local counsel at the moment they are ready to retain. Bilingual practitioners especially welcome. If you would like to receive matched client referrals for bail, summary and indictable matters, impaired driving, youth justice and record-relief questions, in English or French, join our network and we will route consultations your way as the service goes live.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].
An arrest does not keep office hours. Whether the bail hearing is hours away, you need to know if this is a summary or an indictable charge, you want your case heard in French or English, or you are a permanent resident worried about your status, you can get clear, plain-English legal information — free, with no web form and no income test — about your New Brunswick criminal matter, grounded in the Criminal Code of Canada and how it is applied in New Brunswick's courts. Call our free line and ask as many questions as you like; the independent organisations listed above are also the right doors to know.
Free legal information. Not legal advice.