Ontario Criminal Law — Arrested or Charged? Free Legal Information

Criminal Law in Ontario — what to do right now

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. 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). Ontario runs weekend and statutory-holiday bail courts so the hearing can happen on time. That first bail hearing is where your release is decided, so getting clear information before it happens is everything.

The law in Ontario: Criminal Law

In Canada, criminal law is federal: the Criminal Code of Canada (RSC 1985, c. C-46), the Controlled Drugs and Substances Act and a handful of other federal statutes define the offences and the penalties, and they are identical whether you are in Toronto, Thunder Bay or anywhere else in the country. What is provincial is the machinery — Ontario's courts, its Crown attorneys (who prosecute most Criminal Code charges), and the Ontario Provincial Police and municipal services who lay the charges. So when people talk about "Ontario criminal law," they mean the federal Criminal Code as it is applied in Ontario's two levels of criminal court.

Almost every adult criminal case starts in the Ontario Court of Justice. That court handles all summary conviction offences, the less serious indictable offences listed in Criminal Code s.553 (where the judge has absolute jurisdiction), and most bail hearings and first appearances — and it sits without a jury, a judge alone. The Superior Court of Justice is the higher trial court: it can try any indictable offence, it is where you go if you elect trial by a judge and jury, and it hears the most serious matters (the s.469 offences such as murder must be tried there). For many indictable charges the accused gets to choose — judge of the Ontario Court of Justice, judge alone in the Superior Court, or judge and jury — and that election, together with whether a preliminary inquiry is available, shapes the whole case.

The single most consequential early decision is usually not yours but the Crown's. A great many Criminal Code offences are "hybrid" (also called dual-procedure) — the same conduct can be prosecuted either by summary conviction or by indictment, and the Crown elects which. That choice drives the maximum penalty, your trial options and even the immigration stakes. Bill C-75, in force since 2019, reshaped this landscape: it converted many straight-indictable offences into hybrids and standardised the default maximum for most summary offences at two years less a day (Criminal Code s.787 still sets the general summary default at a $5,000 fine and/or up to two years less a day, but many offences now carry their own higher summary maximum).

Bail in Ontario follows the "ladder principle" the Supreme Court set out in R. v. Antic and the Code's release framework (s.515): the default is release on the least onerous conditions, and detention has to be justified by the Crown on the primary (attendance), secondary (public safety) or tertiary (public confidence) grounds — except for "reverse onus" charges where the accused must show why they should be released. Delay matters too: under R. v. Jordan (2016) a case is presumptively too slow if it takes more than 18 months in the Ontario Court of Justice, or 30 months in the Superior Court, from charge to the end of trial — and unreasonable delay can mean the charges are stayed. Understanding which of these gears is turning in your case is exactly what a free call can clarify — this is legal information to help you act, not legal advice, and it creates no lawyer-client relationship.

Key Legislation

Criminal Code of Canada (RSC 1985, c. C-46) — FEDERAL: defines offences, penalties, bail and procedure uniformly across Canada
Charter s.10(b) — right on arrest to retain and instruct counsel without delay, and to be told of that right
Criminal Code s.503 — police must bring a detained person before a justice without unreasonable delay, within 24 hours if one is available
Criminal Code s.515 — judicial interim release (bail): the ladder principle, release on least onerous conditions, reverse-onus exceptions
Bill C-75 (in force 2019) — hybridised many offences and standardised most summary maximums at two years less a day

Courts & Agencies

Ontario Court of Justice — summary offences, s.553 indictable offences, most bail hearings and first appearances; judge alone, no jury
Superior Court of Justice — any indictable offence, jury trials, and the s.469 offences (e.g. murder) that must be tried there
The Crown (Ministry of the Attorney General) — prosecutes most Criminal Code charges and makes the hybrid election
Parole Board of Canada — decides record suspensions (pardons) under the Criminal Records Act
Supreme Court of Canada — source of the controlling rules on bail (R. v. Antic) and trial delay (R. v. Jordan)

Penalties & Deadlines

Summary conviction default (s.787) — up to a $5,000 fine and/or two years less a day in jail, unless the offence sets a higher maximum
Indictable offences — maximums vary widely: some 2, 5, 10 or 14 years, some carry life imprisonment
Impaired driving / 'over 80' (s.320.14) — first offence: minimum $1,000 fine and a one-year driving prohibition; up to 10 years if prosecuted by indictment
R. v. Jordan ceilings — 18 months (Ontario Court of Justice) / 30 months (Superior Court) from charge to end of trial
Record suspension waiting period (Criminal Records Act s.4) — 5 years after sentence completion for a summary offence, 10 years for an indictable one

An impaired-driving charge is now 'serious criminality' — and that can hit your immigration status

This is the trap most people never see coming. Since the December 2018 reforms, impaired driving and "over 80" carry a maximum of 10 years' imprisonment when the Crown proceeds by indictment (Criminal Code s.320.19). Under the Immigration and Refugee Protection Act (IRPA s.36), an offence with a maximum of 10 years or more is "serious criminality" — and inadmissibility turns on that maximum, not on the sentence you actually receive. So a permanent resident who pleads to a first-offence impaired charge and gets only the $1,000 minimum fine can still face the same immigration consequences as someone sent to jail, and "deemed rehabilitation" is not available. If you are not a citizen, the criminal and immigration sides of your case have to be handled together from the very first appearance — not after a plea. Get clear information before you decide anything.

Likely outcomes & penalties

Every case turns on the charge, the record and how the Crown elects — but here is the realistic range of where Ontario criminal matters land, so the outcomes stop being a mystery.

Diversion or withdrawal

For lower-level, first-time matters the Crown may agree to "direct accountability" / diversion (an apology, charitable donation, counselling or community work) and then withdraw the charge — leaving you with no criminal record.

Discharge — no record of conviction

Under Criminal Code s.730 a court can grant an absolute or conditional discharge: you are found guilty but no conviction is registered, so there is no criminal record once the conditions are met (not available where a minimum penalty applies).

Conditional sentence or probation

Many cases resolve with a suspended sentence and probation, a fine, or a conditional sentence of imprisonment served in the community rather than in jail, often with conditions like counselling or no-contact orders.

Custody for serious indictable offences

Serious or repeat indictable matters can mean a jail or penitentiary term (a sentence of two years or more is served federally), with the maximum set by the specific offence — up to and including life imprisonment for the gravest crimes.

Mistakes to avoid

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Talking to the police "to clear things up" before getting legal advice — under Charter s.10(b) you can ask for a lawyer the moment you are detained, and anything you say in those first hours is exactly what gets used against you.

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Treating the bail hearing as a formality — release is decided there under the s.515 ladder, and walking in without understanding the grounds (or, on a reverse-onus charge, that the burden is on you) can mean unnecessary detention.

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Not realising your charge is "hybrid" — when the Crown can elect summary or indictable, that single choice changes your maximum penalty, your trial options and your immigration exposure, so it has to be understood early.

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Pleading guilty to "just get it over with" without weighing a discharge — a s.730 absolute or conditional discharge can leave you with no conviction, but only if it is raised and argued before you plead.

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Ignoring the immigration angle as a non-citizen — under IRPA s.36 inadmissibility depends on the offence's maximum sentence, not the one you receive, so an impaired-driving or other 10-year-maximum charge can threaten your status even with a small fine.

How it works

Call our free line — no web form, no income test, no waiting for business hours. Call the moment you can, whether the arrest was an hour ago or you are trying to understand a charge before the next court date. Our AI assistant answers live.

Talk it through with an AI assistant trained on Canadian criminal law. Explain what happened, and ask as many questions as you like. The assistant walks you through your s.503 bail clock, whether your charge looks summary, indictable or hybrid, how the s.515 bail ladder applies, and any immigration exposure — clear legal information, not legal advice, creating no lawyer-client relationship.

Get the clarity you need to act. The assistant is available across every province and territory, day or night, and you can call back whenever new questions come up. A paid consultation service with Ontario-licensed criminal defence lawyers is coming soon, for callers who want a lawyer of their own.

Free & low-cost Criminal Law help in Ontario

If you cannot afford a private lawyer, Ontario has a real safety net — legal aid, duty counsel and free public legal information. These are independent organisations, not Legal Hotline, but they are the right doors to know.

Legal Aid Ontario

Ontario's publicly funded legal aid service. If you are charged with a crime that could send you to jail and you meet the financial eligibility test, Legal Aid Ontario can issue a certificate to pay for a defence lawyer; it also funds duty counsel who give free advice to people at the courthouse without a lawyer.

Steps to Justice (CLEO) — Criminal Law

Free, plain-language legal information for Ontario from Community Legal Education Ontario, covering arrest and police powers, types of offences, bail, drug and alcohol offences, youth justice and record suspensions.

Law Society Referral Service (Law Society of Ontario)

The Law Society of Ontario's official referral service: it connects Ontario residents with a lawyer or paralegal for a free consultation of up to 30 minutes, by phone or in person, and you can ask for someone who accepts legal aid certificates.

JusticeNet

A not-for-profit reduced-fee service for people whose income is too high for legal aid but too low to afford standard legal fees — it connects qualifying clients with lawyers, including in criminal matters, at reduced rates.

Parole Board of Canada — Record Suspensions

The federal body that decides record suspensions (formerly "pardons") under the Criminal Records Act. You can apply directly without a lawyer or paid service once your waiting period (5 years summary / 10 years indictable) has passed.

FAQ — Criminal Law in Ontario

How long can the police hold me before I get a bail hearing in Ontario?

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). Ontario runs weekend and statutory-holiday bail courts so this can happen on time. Wherever possible the hearing is completed on your first appearance. To understand your specific timeline, get clear legal information before bail court.

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.

Will I get a criminal record, or can I avoid one?

Not necessarily. The Crown may agree to divert 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 Ontario. 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 Ontario Court of Justice, or 30 months in the Superior Court of Justice, 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.

My teenager was charged — how is youth court different?

Young people aged 12 to 17 are dealt with under the federal Youth Criminal Justice Act, which emphasises rehabilitation and reintegration, uses extrajudicial measures (like warnings and referrals) for less serious matters, protects the young person's privacy, and keeps youth records separate with their own access and destruction rules. The approach and the penalties are different from adult court.

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 Legal Aid Ontario, and there is no lawyer on the line; it's an AI assistant trained on Canadian criminal law, free to call, with no limit on how many questions you can ask. A paid consultation service with Ontario-licensed criminal defence lawyers is coming soon for callers who want a lawyer of their own.

Ontario criminal defence lawyers: join our network

Are you an Ontario-licensed criminal defence lawyer? We're building our Ontario network ahead of launching a paid consultation service, to connect worried, urgent callers across Toronto, Ottawa, Hamilton, London, Windsor and the rest of the province with vetted local counsel — at the moment they are ready to retain. If you would like to receive matched client referrals for bail, summary and indictable matters, impaired driving, youth justice and record-relief questions, join our network now and we will route consultations your way once the service goes live.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

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].

Charged in Ontario? Understand Your 24 Hours Before Bail Court.