In Canada, acting as an “Accessory After the Fact” under Section 23 of the Criminal Code is a severe indictable offence. If you knowingly provide food, shelter, or transportation to help someone escape after they have committed a crime, you can face up to 14 years in prison, or a life sentence if the original crime was murder.
When a family member or a close friend is in trouble, the natural human instinct is to help them. However, if that person has just committed a serious crime-such as a robbery in Montreal, an assault in Edmonton, or a shooting in Toronto-providing them with a place to hide crosses a very strict legal line. The Canadian justice system heavily penalizes individuals who actively interfere with police investigations or help fugitives evade arrest.
Being charged as an Accessory After the Fact is terrifying because you are suddenly dragged into a major criminal investigation, even if you had absolutely nothing to do with the original crime. ⚠ The Crown must prove beyond a reasonable doubt that you knew the person committed an offence, and that you intentionally “comforted or assisted” them specifically to help them escape justice. Navigating this complex area of federal law requires immense caution and immediate consultation with a Canadian criminal defence lawyer.
Step-by-Step Legal Process for Accessory After the Fact in Canada
This charge is treated as a highly serious indictable offence. From the moment the Royal Canadian Mounted Police (RCMP) or local police knock on your door, you are entrenched in the federal criminal justice system. Here is how the legal process generally unfolds.
Step 1: The Police Interrogation and Right to Silence
Investigators will often approach you claiming they just want to “clear things up.” 🗅 Do not be fooled; they are looking for evidence that you knew about the crime and helped the suspect hide. Under Section 7 of the Canadian Charter of Rights and Freedoms, you have the absolute right to remain silent. You must decline to answer questions about the suspect’s whereabouts and immediately demand to speak with a law firm.
Step 2: Securing Bail for an Indictable Offence
If you are arrested as an accessory, you will be held for a bail hearing. Because you are accused of helping someone escape the law, Crown Prosecutors often argue that you yourself are a flight risk or a danger to the administration of justice. A skilled lawyer will present a strong release plan to a judge or justice of the peace, showing you have deep community ties and will abide by strict house arrest or reporting conditions.
Step 3: Analyzing the Crown’s Burden of Proof
To convict you, the Crown Prosecutor must prove three distinct elements. 🔍 First, that a principal offence was actually committed by someone else. Second, that you actually knew they committed it. Third, that you received, comforted, or assisted them specifically to help them escape. Your defence lawyer will rigorously scrutinize the evidence (like text messages or financial transfers) to attack these three pillars.
Step 4: Formulating a Legal Defence
A common and highly effective defence is “lack of knowledge.” Your lawyer may argue that you simply let a friend sleep on your couch and had no idea they had just committed an assault. If you didn’t know about the crime, you cannot legally be an accessory. Another defence is “Duress”-if the fugitive threatened you with a weapon and forced you to drive them away, you cannot be held criminally responsible for complying under threat of death.
Principal Offence vs. Maximum Penalty for Accessory
| Principal Offence Committed | Your Charge in Canada | Your Maximum Legal Penalty |
|---|---|---|
| First or Second Degree Murder | Accessory After the Fact to Murder. | Life Imprisonment. |
| Robbery, Aggravated Assault, etc. | Accessory After the Fact (Indictable). | Up to 14 years in prison. |
| Summary Conviction (Minor Offence) | Accessory After the Fact (Summary). | Up to 2 years less a day in jail, or a fine. |
How Much Does It Cost in Canada?
Defending against an accessory charge is financially demanding because it is inherently tied to a major, often complex, underlying crime.
- Bail Hearing Fees: Retaining counsel for a contested show cause hearing usually costs between $2,000 and $5,000 CAD.
- Pre-Trial Negotiations: Having a lawyer review disclosure and negotiate with the Crown to potentially withdraw the charges generally ranges from $5,000 to $10,000 CAD.
- Criminal Trial Fees: Taking an accessory charge to trial at a Superior Court or Court of King’s Bench can cost between $15,000 and $40,000+ CAD.
- Surety Deposits: If granted bail, the court may require your friends or family to pledge anywhere from $1,000 to $10,000 CAD to guarantee your future court attendance.
How Long Does the Process Take?
The timeline for an accessory charge is often delayed because it is closely tied to the trial of the person who actually committed the main crime. 🕑
- Initial Arrest: Typically happens days or weeks after the principal offence, once police uncover evidence of your assistance.
- Bail Release: Usually achieved within 1 to 4 days of your arrest, assuming your lawyer quickly organizes a surety.
- Disclosure Review: It can take 6 to 12 months for the Crown to produce all the evidence, especially if wiretaps or search warrants were involved.
- Final Verdict: Due to heavy court backlogs across Canada, a full trial may not conclude for 18 to 30 months from the date of your arrest.
Frequently Asked Questions (FAQ)
Is there an exemption for spouses or family members?
Unlike some historical laws, modern Canadian criminal law does not automatically exempt you from being charged just because the fugitive is your husband, wife, or child. You can still be convicted of being an accessory if you intentionally help a family member evade the police.
Does giving them money to hire a lawyer make me an accessory?
No. Providing financial assistance specifically for the purpose of retaining legal counsel or arranging for them to turn themselves in to the authorities does not constitute helping them ‘escape.’ It is a lawful action to help someone secure a proper legal defence.
Can I be convicted if the main suspect is found not guilty?
Generally, if the Crown cannot prove that the principal crime actually occurred, it is incredibly difficult to convict someone of being an accessory after the fact to that specific crime. However, depending on the evidence, you could potentially face alternative charges like Obstruction of Justice.
What if I lied to the police about where they went?
Actively lying to investigators to throw them off the suspect’s trail is a classic example of ‘comforting or assisting’ a fugitive. This action alone can be enough for the Crown to secure an Accessory After the Fact or Obstruction of Justice conviction.
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