Charged in Quebec? Understand Your 24 Hours Before Bail Court.
Someone you love has been arrested in Montreal, Quebec City, Laval or Gatineau — or you have — and the questions are coming fast. When is the bail hearing? Can the police hold you this long? Has the prosecutor even decided to lay a charge yet? Will you get out tonight? You do not have to sit in the dark guessing. Here is the thing that surprises most people: Quebec is a civil-law province, but criminal law is the one great exception — it is federal, the very same Criminal Code of Canada that applies in every other province, run here through Quebec's own courts and its public prosecution service, the DPCP. The first 24 hours matter more than almost anything that follows. Our AI legal assistant, trained on the Criminal Code of Canada and Quebec procedure, can walk you through exactly what happens next, in plain English. Free legal information — call our free line now and ask as many questions as you like.
Free legal information. Not legal advice. Available 24/7 across Quebec.
Criminal Law in Quebec — 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. In Quebec, free 24-hour legal advice during an arrest or detention is available to everyone regardless of income, and if you ask, the police must give you or dial the number. 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 hearing is where your release is decided, so getting clear information before it happens is everything.
The law in Quebec: Criminal Law
In Canada, criminal law is federal — and in Quebec that single fact is the exception that proves the rule. Everything else here runs on the civil-law tradition rooted in the Civil Code of Québec, but crime does not: 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 Montreal, Sherbrooke or anywhere else in the country. What is Quebec's is the machinery — its courts, the police services who make arrests, and above all the Directeur des poursuites criminelles et pénales (DPCP), Quebec's independent public prosecution service. So "Quebec criminal law" means the federal Criminal Code as it is applied through Quebec's own courts and prosecutors.One feature sets Quebec apart from most of the country, and it is worth understanding early. Quebec uses pre-charge screening: after the police investigate, it is a DPCP prosecutor — not the police — who reviews the file and decides whether a charge is authorized at all. The DPCP's own role is to "authorize and direct" criminal and penal prosecutions, and a prosecutor will only authorize a charge where there is a reasonable prospect of conviction and prosecution is in the public interest. British Columbia and New Brunswick work the same way; most other provinces let police lay the charge and screen afterward. It means that in Quebec, what the police arrest you for and what you are ultimately charged with are two different decisions, made by two different bodies.
The courts come in two levels. Almost every adult criminal case is heard in the Court of Québec, Criminal and Penal Division (Chambre criminelle et pénale): it hears all criminal proceedings except those reserved to the Superior Court — that is, summary conviction offences and most indictable offences, plus bail hearings and first appearances — sitting as a judge alone, without a jury. The Superior Court of Quebec is the higher trial court: it conducts jury trials, hears the most serious indictable matters, and is the only court that can try the section 469 offences such as murder. Above both sits the Court of Appeal of Quebec. For many indictable charges the accused gets to choose the mode of trial — Court of Québec judge alone, Superior Court judge alone, or judge and jury — and that election shapes the whole case.
Two more pieces drive the early stakes. Many Criminal Code offences are "hybrid" (dual-procedure): the same conduct can be prosecuted summarily or by indictment, and the DPCP prosecutor elects which — a choice that changes the maximum penalty, the trial options and even the immigration exposure. Bill C-75 (in force 2019) hybridised many offences and standardised most summary maximums at two years less a day (the general default in s.787 remains a $5,000 fine and/or up to two years less a day). And bail follows the "ladder principle" the Supreme Court set out in R. v. Antic under s.515: release on the least onerous conditions is the default, with detention justified by the Crown on the primary, secondary or tertiary grounds — except for "reverse onus" charges, where the burden flips to the accused. Delay matters too: under R. v. Jordan a case is presumptively too slow past 18 months in the Court of Québec or 30 months in the Superior Court, and unreasonable delay can stay the charges. 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 (the exception to Quebec's civil-law tradition)
- 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
- Court of Québec, Criminal and Penal Division (Chambre criminelle et pénale) — summary offences and most indictable offences, bail hearings and first appearances; judge alone, no jury
- Superior Court of Quebec — jury trials, the most serious indictable matters, and the s.469 offences (e.g. murder) that must be tried there
- Directeur des poursuites criminelles et pénales (DPCP) — Quebec's independent prosecution service; authorizes charges (pre-charge screening) 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 (Court of Québec) / 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
In Quebec, the prosecutor decides the charge — not the police
This is the feature most people outside Quebec never expect. Quebec is one of only a few provinces (with British Columbia and New Brunswick) that uses pre-charge screening: after the police finish investigating, the file goes to a prosecutor at the Directeur des poursuites criminelles et pénales (DPCP), and it is the prosecutor — not the police — who decides whether a criminal charge is authorized at all. A charge is authorized only where there is a reasonable prospect of conviction and prosecution serves the public interest. The practical consequence is real: the offence the police arrest you for is not necessarily the charge you will face, and sometimes no charge is authorized. It also means the early window — before authorization, at the bail stage, and as the DPCP makes its hybrid election — is exactly when clear information matters most. Get it before you decide anything.
Likely outcomes & penalties
Every case turns on the charge, the record and how the DPCP elects — but here is the realistic range of where Quebec criminal matters land, so the outcomes stop being a mystery.Mistakes to avoid
How it works
Free & low-cost Criminal Law help in Quebec
If you cannot afford a private lawyer, Quebec has a real safety net — legal aid, a free 24-hour arrest line and free public legal information. These are independent organisations, not Legal Hotline, but they are the right doors to know.
FAQ — Criminal Law in Quebec
How long can the police hold me before I get a bail hearing in Quebec?
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). This rule is federal and applies the same way in Quebec as everywhere else. Wherever possible the hearing is completed on your first appearance. To understand your specific timeline, get clear legal information before bail court.
Is criminal law different in Quebec because it's a civil-law province?
No — and this is the key point. Quebec follows the civil-law tradition for private matters (the Civil Code of Québec governs contracts, property and family law), but criminal law is the exception: it is federal. The Criminal Code of Canada applies identically across every province. What is distinct in Quebec is how that federal law is administered — through Quebec's own courts and its prosecution service, the DPCP.
Who decides whether I'm charged — the police or a prosecutor?
In Quebec, a prosecutor. Quebec uses pre-charge screening: after the police investigate, the file goes to a prosecutor at the Directeur des poursuites criminelles et pénales (DPCP), who decides whether to authorize a charge — only where there is a reasonable prospect of conviction and prosecution is in the public interest. This is different from most provinces, where police lay the charge first. It means the offence you were arrested for may not be the charge you face.
Which court will hear my criminal case in Quebec?
Almost certainly the Court of Québec, Criminal and Penal Division (Chambre criminelle et pénale), which hears summary offences and most indictable offences, sitting as a judge alone with no jury. The Superior Court of Quebec hears jury trials and the most serious matters — the section 469 offences such as murder must be tried there. The Court of Appeal of Quebec is above both.
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 DPCP 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.
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 related provincial licence suspension in Quebec. If the DPCP 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 a case is presumptively too slow if it takes more than 18 months in the Court of Québec, or 30 months in the Superior Court, 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 Legal Aid Quebec. The AI assistant is trained on Canadian criminal law and answers as many questions as you like, free, when you call. A paid consultation service connecting you with a Quebec-licensed criminal defence lawyer is live — a consultation can be booked right on the call.
Quebec criminal defence lawyers: join our network
Are you a Quebec-licensed criminal defence lawyer? We're building our Quebec network for our live paid-consultation service — connecting worried, urgent callers across Montreal, Quebec City, Laval, Gatineau, Longueuil 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 and record-relief questions, join our network and we will route consultations your way — the service is live now.
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 admin@platfirm.ai.
Sources & further reading
- Criminal Code of Canada (RSC 1985, c. C-46), s.503 (taking before a justice, 24-hour rule) — Justice Laws Canada
- Criminal Code, s.515 (judicial interim release / bail — the ladder principle) — Justice Laws Canada
- Criminal Code, s.320.14 (operation while impaired / 'over 80') — Justice Laws Canada
- Canadian Charter of Rights and Freedoms, s.10(b) (right to retain and instruct counsel on arrest) — Justice Laws Canada
- Court of Québec — Criminal and Penal Division (jurisdiction over criminal proceedings except those reserved to the Superior Court)
- Directeur des poursuites criminelles et pénales (DPCP) — Quebec's public prosecution service, which authorizes and directs criminal prosecutions
- R. v. Antic, 2017 SCC 27 (bail ladder principle) — CanLII
Clear answers when the clock is already running — call our free line now.
An arrest does not keep office hours. Whether the bail hearing is hours away, you are waiting to learn whether the DPCP will authorize a charge, or you are a permanent resident worried about your status, you can call now and get clear, plain-English legal information — free, with no web form and no income test — about your Quebec criminal matter, grounded in the Criminal Code of Canada and how it is applied through Quebec's courts and prosecution service. 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.