Criminal Law in Canada: What Happens After You're Charged

Criminal law in Canada is set mainly by the federal Criminal Code, so the same offences and maximum penalties apply across the country. Provinces run the police, courts, prosecutions and legal aid, so procedures and support services differ somewhat by province. A person who is charged is presumed innocent, and the Crown must prove guilt beyond a reasonable doubt. Most cases never reach trial: many are resolved through withdrawal, diversion, a peace bond or a guilty plea, often after negotiation between defence counsel and the Crown.

This guide explains how a criminal case works in Canada, from arrest to the end of the case, and links to detailed guides on common charges and what happens afterward.

The short version

• Anyone arrested or detained has the right to know why, the right to speak to a lawyer without delay, and the right to remain silent.
• Free legal advice from duty counsel is available 24 hours a day to people held in police custody.
• Most people are released by police or at a bail hearing while their case goes through court.
• The Crown must prove every element of an offence beyond a reasonable doubt.
• Many first-time, minor charges end without a criminal conviction, through diversion, withdrawal, a peace bond or a discharge.
• A conviction creates a criminal record, which can affect jobs, immigration and travel. Record suspensions are available after a waiting period.
• Get legal advice early. Decisions made in the first days can shape the whole case.

How Criminal Offences Are Classified

Most common charges are hybrid. When the Crown proceeds summarily, the maximum penalty is lower and the case stays in provincial court.

What Happens After an Arrest

Your rights

Under the Canadian Charter of Rights and Freedoms, a person who is arrested or detained has the right to:

• be told promptly why they are being arrested or detained
• retain and instruct a lawyer without delay, and be told about that right
• remain silent
• be presumed innocent until proven guilty
• not be arbitrarily detained or subjected to unreasonable search or seizure

People in police custody can ask to speak to duty counsel for free. In Ontario, Legal Aid Ontario runs a 24/7 duty counsel line for anyone who is detained or arrested, whether or not they qualify for legal aid. The police make the call, and duty counsel should call back within about 30 minutes.

See what to do if you're arrested or charged in Canada.

Release or bail

After an arrest, police can release a person with documents requiring them to attend court, sometimes with conditions. If police do not release someone, they must generally be brought before a justice within 24 hours for a bail hearing. Bail rules were tightened by federal legislation that took effect on July 15, 2026. See bail hearings in Canada.

The Court Process

A typical criminal case moves through these stages:

1. First appearance. The accused, or a lawyer or agent, attends court. The Crown provides disclosure, which is the evidence it has.
2. Reviewing disclosure. The defence reviews the evidence. Several court dates may pass while this happens.
3. Crown and judicial pretrials. The defence and Crown discuss the case, possible resolutions and how long a trial would take.
4. Resolution or trial. The case ends through withdrawal, diversion, a plea, or a trial.
5. Sentencing, if there is a finding of guilt.

The Supreme Court of Canada set presumptive time limits for criminal cases in R. v. Jordan (2016): generally 18 months for cases in provincial court and 30 months for cases in superior court, subject to exceptions. See the criminal court process in Canada.

Common Charges

Ways a Case Can End Without a Conviction

• Charges withdrawn or stayed by the Crown, for example where the evidence is weak.
• Diversion, where the accused completes a program, community service or a donation, and the charges are withdrawn.
• A peace bond, a court order to keep the peace, often used to resolve minor charges. It is not a criminal conviction. See peace bonds in Canada.
• An absolute or conditional discharge, where the person is found guilty but not convicted. See diversion, withdrawn charges and discharges.
• Acquittal after trial.

Criminal Records

A conviction creates a criminal record that appears on police checks and can affect employment, volunteering, immigration status and travel. Canada's Parole Board can grant a record suspension, formerly called a pardon, after a waiting period of five years for summary offences and ten years for indictable offences, for most first offences on or after March 13, 2012. The application fee is $50.

A Canadian record suspension is not recognized by the United States, so people with records may still need a U.S. entry waiver. See record suspensions in Canada and criminal records and travelling to the U.S..

Criminal vs Civil Cases

A criminal case is brought by the Crown on behalf of society and can lead to jail or a criminal record. A civil case is brought by a person or business seeking money or another remedy, and is decided on a lower standard of proof. The same incident can lead to both. See criminal lawyer vs civil lawyer.

Youth Charges

People aged 12 to 17 are dealt with under the Youth Criminal Justice Act, which emphasizes rehabilitation, extrajudicial measures and limited access to youth records. The rules on youth records and sentencing are different from those for adults, so specialized advice is important.

Getting a Criminal Lawyer

A criminal defence lawyer can review the disclosure, identify weaknesses in the Crown's case, negotiate with the Crown, seek diversion or a peace bond, and represent the accused at bail, trial and sentencing.

• Legal aid covers many criminal charges where jail is a real possibility, for people who meet financial eligibility rules. See legal aid in Canada.
• Duty counsel at the courthouse can help with first appearances, bail and simple resolutions.
• Private lawyers often charge flat fees for each stage of a case. See how much a criminal lawyer costs in Canada.

Check that any lawyer is licensed with the provincial law society. See how to check if a lawyer is licensed.

Frequently Asked Questions

Do I have to talk to the police?

Everyone arrested or detained has the right to remain silent and the right to speak with a lawyer. Get legal advice before deciding to make any statement. Some obligations still apply, such as providing identification in certain situations and complying with a lawful breath demand.

Will I get a criminal record if I'm charged?

Not automatically. A charge is not a conviction. Many charges end in withdrawal, diversion, a peace bond, a discharge or an acquittal, none of which is a criminal conviction. Police may still keep records of the charge, and some of these can be requested to be destroyed later.

Can I represent myself?

Yes, but criminal law is complex and the consequences are serious. At a minimum, speak with duty counsel or a lawyer before entering a plea.

How long does a criminal case take?

Simple cases can resolve in a few months. Cases that go to trial can take a year or more. The Jordan time limits are generally 18 months in provincial court and 30 months in superior court.

What if I'm not a Canadian citizen?

A conviction can affect permanent residence, visas and citizenship. Tell your lawyer about your immigration status early, because some outcomes carry much greater immigration risk than others.

Charged with a crime? Search LawyerDirectoryCanada.ca for criminal lawyers by province and city.

Sources

• Criminal Code, Justice Laws Website, Government of Canada
• Criminal Code, section 787: general penalty for summary conviction offences, Justice Laws Website
• Bail and Sentencing Reform Act (Bill C-14), Department of Justice Canada
• Duty counsel services factsheet, Legal Aid Ontario
• Determining your eligibility for a record suspension, Parole Board of Canada
• Applying for a record suspension, Parole Board of Canada
• R. v. Jordan (2016), summary, Wikipedia)