Someone you love has been arrested in Whitehorse, or out on a community circuit court date, 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 today? 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 in Yukon it is run through the territory's own Territorial and Supreme Courts and, unusually, prosecuted entirely by federal Crown counsel, and the first 24 hours matter more than almost anything that follows. Our AI legal assistant, trained on the Criminal Code of Canada and Yukon procedure, can walk you through exactly what happens next, in plain English. Free legal information — call our Yukon line now and ask as many questions as you like.
Free legal information. Not legal advice. Available 24/7 across Yukon.
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). In Yukon the Territorial Court in Whitehorse handles bail, and if you are arrested in a remote community the hearing may be conducted by telephone or video so the time limit is met. That first bail hearing is where your release is decided, so getting clear information before it happens is everything.
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 in Yukon 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.
If you cannot afford a private lawyer, Yukon has a real safety net — legal aid, duty counsel, Indigenous courtworkers and free public legal information. 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 Yukon?
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). In Yukon the Territorial Court in Whitehorse handles bail, and if you were arrested in a remote community the hearing may be conducted by phone or video so the time limit is met. Wherever possible the hearing is completed on your first appearance. To understand your specific timeline, get clear legal information before bail court.
Who prosecutes criminal charges in Yukon — is it a territorial Crown?
No. Yukon is a territory, and in all three territories the federal Public Prosecution Service of Canada (PPSC) is the only prosecution service. There is no separate territorial Crown attorney for crime. Federal Crown counsel out of the Whitehorse PPSC office prosecute every Criminal Code offence in Yukon, from impaired driving up to homicide. The same federal Crown also makes the hybrid election that sets your penalty range.
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 federal 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.
I was charged on a community circuit court date — how does that work in Yukon?
The Territorial Court of Yukon sits permanently in Whitehorse but travels on circuit to 14 communities, with registries at places like Dawson City and Watson Lake, so cases can be heard close to home. Circuit sittings happen on a set schedule, which can mean a wait between appearances. Indigenous Courtworkers from the Council of Yukon First Nations attend many of these communities to help. Knowing when your next circuit date is, and what will happen at it, is something we can walk through.
Will I get a criminal record, or can I avoid one?
Not necessarily. The Crown may agree to divert a minor first-time matter — or refer it to a community justice process — 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 Yukon licence suspension. 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 Territorial Court of Yukon, or 30 months in the Supreme Court of Yukon, 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. On a remote circuit, scheduling can affect timing, so it is worth understanding.
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. In Yukon these matters are heard in the Territorial Court. 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 the Yukon Legal Services Society. The AI assistant is trained on Canadian criminal law and answers as many questions as you like. A paid consultation with a Yukon-called criminal defence lawyer is coming soon; for now the line is live and gives you free general legal information.
Are you a Yukon-called criminal defence lawyer? We're building our Yukon network ahead of launching paid consultations, connecting worried, urgent callers across Whitehorse, Dawson City, Watson Lake and the territory's circuit communities 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 and we will route consultations your way once 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 are facing a community circuit court date, 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 Yukon criminal matter, grounded in the Criminal Code of Canada and how it is applied in Yukon's courts and prosecuted by the federal Crown. 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.