Criminal Law

We can assist with the following criminal law matters:

In Canada, there are two distinct sets of offences: federal (criminal) and provincial (non-criminal).
 
If you have been charged with an offence, it is imperative that you identify which type, as the policies, procedures, and penalties differ greatly between the two.

Federal Offences

  • Federal offences are more serious charges that have been established by federal laws/legislation - such as the Criminal Code of Canada - and they are standard across the country.

    Other federal legislation includes:

    • The Controlled Drug and Substances Act;

    • The Firearms Act; and

    • The Child, Youth and Family Services Act (CYFSA).

    A conviction of a federal offence typically comes with an official criminal record, and more severe consequences than a provincial offence.

  • Common examples of federal offences include:

    • Assault Charges

      • Including charges of simple assault, assault causing bodily harm, assault with a weapon, aggravated assault, and sexual assault.

    • Motor Vehicle Offences

      • Including impaired driving/DUI, drive prohibited, dangerous driving, and dangerous driving causing death.

    • Weapons Offences

      • Including all variations for charges of use and possession of a weapon.

    • Drug Offences

      • Including charges of possession, trafficking, and production.

    • Sexual Offences

      • Including sexual assault with and without a weapon, aggravated sexual assault, indecent acts, etc.

    • Property Offences

      • Including charges of robbery, theft, fraud, mischief, etc.

Provincial Offences

  • Provincial offences are established by provincial laws, which means they differ according to the province. In Ontario, provincial offences are governed by the Provincial Offences Act (POA).

    Other provincial legislation that people are commonly charged under includes:

    • The Highway Traffic Act;

    • The Fish and Wildlife Conservation Act; and

    • The Liquor Licence Act, etc.

    A conviction of a provincial offence - while still significant - comes with more minor penalties than a federal offence and no official criminal record.

  • Common examples of provincial offences include:

    • Traffic Violations

      • Including speeding, careless driving, distracted driving, improper stop, failure to wear seat belt, etc.

    • Parking Infractions

      • Including parking in a fire route, at an expired meter and failing to display parking permit.

    • Public Welfare Offences

      • Including public intoxication, noise violations, littering, licensing matters, etc.

Criminal Law FAQs

Relevant Terms

What is the difference between a Crown Attorney, Defence Lawyer, and Duty Counsel?

All three of these professions play an integral role in the criminal justice system and though they are similar in that they’re all accredited lawyers, the scope and nature of their roles differs greatly.

In an effort to illustrate the relationships between these roles and highlight their similarities and differences, we have created the following Venn Diagram.

For a more comprehensive breakdown of the many roles in the criminal justice system, see the Ontario Justice Education Network’s Handout.

  • If you were released from the police station with an Undertaking, you will be provided a first appearance date. You need to ensure you attend court on that date or if you have retained a lawyer, your lawyer may be able to attend for you. It is also advisable to contact the crown attorney’s office to request your disclosure. If you are held for bail, you will have the opportunity to speak with duty counsel. Duty counsel can also contact your lawyer to let them know of the situation. In some situations, the police may call you and advise you to turn yourself in. You can seek legal advice and arrange to turn yourself in. It is imperative you formulate a bail plan if you are told you will be held for bail. A criminal lawyer will be able to assist you with this.

  • You will need to contact the crown attorney’s office for your disclosure. If you are charged under the Controlled Drugs and Substances Act, then you may need to contact the federal crown attorney’s to request your disclosure.

  • The disclosure has evidence that the crown is relying on to prove their case. It may not capture your perspective of the incident. It can be helpful to write down your version of the events and consult a lawyer. A lawyer may be able to highlight certain aspects of your version of events to help your case. It is advisable to seek legal advice prior to discussing the case with the crown. You can book a consultation with our office to review the disclosure together.

  • Depending on the charge and background factors, the crown may approve your matter for diversion or direct accountability. This typically involves performing some upfront work. However, many charges do NOT qualify for diversion and/or it may not be applicable in your situation.

  • It is not advisable to plead guilty “just to get it over with”. A guilty plea may have significant consequences on your life including your employment and immigration status. It is advisable to seek legal advice prior to pleading guilty to ensure you are making an informed decision. In some situations, a lawyer may be able to negotiate a joint position with the crown for a more favourable position. Still, sentencing is up to the judge, and it is important that you are well informed prior to pleading guilty.

Criminal Law 101

What is "disclosure"?

Disclosure is the evidence resulting from the police investigation that the crown is using to prosecute the charges against you. You must request the disclosure from the crown attorney; it is NOT the information you received from the police when you were arrested and released. It will include the police synopsis of the incident and other evidence gathered. It is imperative to get the disclosure prior to deciding how you would like to proceed with the charge.

What is a "Crown Pre-Trial"?

A Crown Pre-Trial, or CPT, is a meeting, outside of court, between the crown attorney and your lawyer, or yourself, depending on the jurisdiction. This is an opportunity to advocate for yourself and the meeting can have a significant impact on your case. It is important to read your disclosure carefully and prepare thoroughly. Even if you choose to proceed as self-represented, it is beneficial to seek legal advice prior to the meeting.

What is a "Judicial Pre-Trial"?

A Judicial Pre-Trial, or JPT, is a hearing with the crown, your lawyer, or yourself, and the judge. It is an important step in the criminal process and serves multiple purposes. A judge will canvass if there is a possibility for resolution. If the matter is going to trial, the judge will canvass the issues that are proceeding to trial and determine the amount of time needed.

Still have questions?

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The material presented on this site is intended to be used for general information purposes only; it does not constitute legal or other professional advice. See the full disclaimer here.