Prince Edward Island Criminal Law — Arrested or Charged? Free Legal Information

Criminal Law in Prince Edward Island — 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). On PEI, most bail hearings and first appearances happen in the Provincial Court of Prince Edward Island, which sits in Charlottetown, Summerside and Georgetown. That first bail hearing is where your release is decided, so getting clear information before it happens is everything.

The law in Prince Edward Island: 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 Charlottetown, Summerside or anywhere else in the country. What is provincial is the machinery — Prince Edward Island's courts, its Crown attorneys (who prosecute Criminal Code charges through the provincial Crown Attorneys' Office), and the police services who lay the charges. So when people talk about "PEI criminal law," they mean the federal Criminal Code as it is applied in Prince Edward Island's courts.

Almost every adult criminal case starts in the Provincial Court of Prince Edward Island. That court handles all summary conviction offences, many of the less serious indictable offences, and most bail hearings and first appearances — and it sits without a jury, a judge alone, in Charlottetown, Summerside and Georgetown. The Supreme Court of Prince Edward Island is the province's superior trial court — note that PEI calls its superior court the "Supreme Court," not the King's Bench used in some other provinces. It can try any indictable offence, it is where you go if you elect trial by judge and jury, and it hears the most serious matters (the s.469 offences such as murder must be tried there). Above both sits the Court of Appeal of Prince Edward Island, which hears criminal appeals from both the Provincial Court and the Supreme Court. For many indictable charges the accused gets to choose — judge of the Provincial Court, judge alone in the Supreme Court, or judge and jury — and that election 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 on PEI follows the "ladder principle" the Supreme Court of Canada 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 Provincial Court, or 30 months in the Supreme 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

Provincial Court of Prince Edward Island — summary offences, many indictable offences, most bail hearings and first appearances; judge alone, no jury; sits in Charlottetown, Summerside and Georgetown
Supreme Court of Prince Edward Island — the province's superior trial court (PEI's name for it, not King's Bench): any indictable offence, jury trials, and the s.469 offences (e.g. murder)
Court of Appeal of Prince Edward Island — hears criminal appeals from both the Provincial Court and the Supreme Court
The Crown (PEI Crown Attorneys' Office) — prosecutes Criminal Code charges and makes the hybrid election
Parole Board of Canada — decides record suspensions (pardons) under the Criminal Records Act

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 (Provincial Court) / 30 months (Supreme 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 PEI criminal matters land, so the outcomes stop being a mystery.

Diversion or withdrawal

For lower-level, first-time matters the Crown may agree to a diversion or alternative-measures resolution (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 for Prince Edward Island. No web form, no income test, no waiting for business hours — the AI assistant answers live when you call. Reach us the moment you can, whether the arrest was an hour ago or you are trying to understand a charge before the next court date.

Talk it through with an AI assistant trained on Canadian criminal law. Explain what happened. 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.

Ask as many questions as you like — it is unlimited. A paid consultation with a Prince Edward Island-licensed criminal defence lawyer is coming soon; for now, the AI assistant gives you clear, general legal information whenever you need it, with no pressure and no limit on what you can ask.

Free & low-cost Criminal Law help in Prince Edward Island

If you cannot afford a private lawyer, Prince Edward Island has a real safety net — but it is delivered differently from larger provinces. PEI has no single Legal-Aid-Ontario-style agency. Instead, legal aid itself is a government staff-lawyer program, while free public legal information and lawyer referrals run through a separate charity, Community Legal Information. These are independent organisations, not Legal Hotline, but they are the right doors to know.

PEI Legal Aid (Government of Prince Edward Island)

Prince Edward Island's legal aid is a government access-to-justice program staffed by full-time lawyers, with offices in Charlottetown and Summerside, covering criminal law, youth criminal justice and family/civil matters. If you are charged with a serious crime that could send you to jail and you meet the financial eligibility scale, a staff lawyer (or, where there is a conflict, a referred private lawyer) can represent you. It is one program with offices in both cities — not a network of independent clinics.

Community Legal Information (CLI) — Lawyer Referral Service

CLI is a registered PEI charity that runs the province's Lawyer Referral Service: volunteer lawyers offer up to 45 minutes of low-cost advice, once per issue, to people who need it. The Law Society of PEI directs the public to CLI for referrals rather than recommending lawyers itself. CLI also runs a legal inquiry line and free public legal information.

Community Legal Information (CLI) — Legal Information

Free, plain-language legal information for Prince Edward Islanders, including help understanding criminal charges, police powers, bail, court processes and your options. CLI is the province's main public legal education organisation.

Law Society of Prince Edward Island

The regulator for PEI lawyers. Its public "Find a Lawyer" directory lets you look up practising lawyers in the province, though for an actual referral it points you to Community Legal Information's Lawyer Referral Service.

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 Prince Edward Island

How long can the police hold me before I get a bail hearing on Prince Edward Island?

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). On PEI, most bail hearings happen in the Provincial Court of Prince Edward Island, which sits in Charlottetown, Summerside and Georgetown. 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.

Which PEI court will hear my case — Provincial Court or the Supreme Court?

Most adult criminal matters start and stay in the Provincial Court of Prince Edward Island, which handles summary offences, many indictable offences and bail, with a judge alone. The Supreme Court of Prince Edward Island is the province's superior trial court (PEI calls it the "Supreme Court," not King's Bench) — it hears the most serious indictable offences, jury trials, and s.469 offences such as murder. For many indictable charges you can elect which court hears your trial.

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 on PEI. 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 Supreme Court of Prince Edward Island, 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. PEI Legal Aid covers youth criminal matters, and the approach and the penalties are different from adult court.

How do I get a free or low-cost lawyer on Prince Edward Island?

PEI does not have a single Legal-Aid-Ontario-style agency. Legal aid here is a government staff-lawyer program (offices in Charlottetown and Summerside) for those who qualify financially on a serious charge. Separately, Community Legal Information's Lawyer Referral Service offers up to 45 minutes of low-cost advice from a volunteer lawyer, once per issue. The Law Society of PEI points the public to CLI for referrals. A paid consultation through Legal Hotline is coming soon if you would prefer that option.

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 PEI Legal Aid. The AI assistant is trained on Canadian criminal law and answers as many questions as you like when you call. A paid consultation with a Prince Edward Island-licensed criminal defence lawyer is coming soon.

Prince Edward Island criminal defence lawyers: join our network

Are you a Prince Edward Island-licensed criminal defence lawyer? We're building our PEI network ahead of launching paid consultations, connecting worried, urgent callers across Charlottetown, Summerside, Georgetown 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 they go 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 on Prince Edward Island? Understand Your 24 Hours Before Bail Court.