Find a Lawyer » Canada Legal Guides » Federal Criminal Law Canada » Page 21
💡In Canada, “uttering” a forged document means intentionally using a fake cheque, contract, or will as if it were real. It is a serious indictable offence under the Criminal Code…
🚨Generally, Health Canada allows you to bring a 90-day supply of personal prescription medication across the border. However, importing larger commercial quantities, misdeclaring pharmaceuticals, or bringing in unauthorized narcotics can…
🚨Discovering massive employee theft requires immediate, coordinated action. Do not confront the employee immediately. Instead, quietly secure all digital evidence, consult an employment lawyer to execute a termination for just…
🚫Yes, the Canada Border Services Agency (CBSA) has the legal authority under the Customs Act to conduct a physical strip search at an airport or land border. However, they must…
🚨If you are arrested and charged with a federal crime in Canada, such as an indictable offence or a summary conviction, the Canada Border Services Agency (CBSA) will instantly confiscate…
💡In Canada, Fraud Over $5000 is a strictly indictable offence under the Criminal Code. The maximum penalty is 14 years in a federal penitentiary. If the fraud exceeds $1 million,…
💼In Canada, the Criminal Code does not have a specific charge called “embezzlement.” Instead, corporate executives who steal from their companies are charged with Theft Over $5000, Fraud Over $5000,…
💡A conviction for trespassing at night is typically a summary conviction in Canada. To clear it from your record, you must wait 5 years after completing your sentence to apply…
💡Criminal harassment (often associated with stalking) severely damages corporate employability across Canada. By obtaining a Record Suspension from the Parole Board of Canada (PBC) after a 5 or 10-year waiting…
💡A conviction for “taking a motor vehicle without consent” (often called joyriding) can prevent you from securing employment in the logistics, delivery, and transportation sectors. To seal this record, you…
💡A Record Suspension granted by the Parole Board of Canada only seals your criminal record within the RCMP’s domestic CPIC database. Interpol, United States Customs and Border Protection (CBP), and…
💡Uttering threats is a hybrid offence in Canada. Depending on how the Crown proceeded, you must wait either 5 years (summary conviction) or 10 years (indictable offence) before applying for…
🗳If you hold a valid Record Suspension (formerly a pardon) from the Parole Board of Canada, your criminal record is kept separate and apart. Under most provincial Municipal Elections Acts,…
💡The Canadian Human Rights Act (CHRA) strictly prohibits federally regulated employers and service providers from discriminating against any individual who has been granted a Record Suspension. This means federal entities…
🎛️Under the Canada Elections Act, you can run for Member of Parliament (MP) even with a criminal record, unless convicted of specific corrupt election practices. However, securing a Record Suspension…
💡If a job candidate discloses a criminal record that has received a Record Suspension (pardon) from the Parole Board of Canada, HR professionals must legally disregard the conviction during the…
🕐The waiting period for a summary conviction record suspension (pardon) in Canada is generally 5 years (or 3 years for older offences). Even a small, unpaid $50 victim surcharge will…
⚠️A Canadian Record Suspension only seals your criminal record inside Canada. If a foreign country, like the United States, requests your extradition for a crime committed in their jurisdiction, your…
📅The wait time for a federal record suspension (pardon) for an indictable offence is strictly 10 years under current Canadian law. This clock does not start on your conviction date;…
💡Firing an employee strictly because they possess a pardoned criminal record is illegal under human rights legislation across most of Canada. If your employer discovers a historical conviction that has…
💡Applying for a Record Suspension for Break and Enter requires strict adherence to mandatory wait times. If the offence involved a “dwelling house” (residential), it is always an indictable offence…
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Welcome to the Canada Federal Criminal Law guide centre. Here you will find comprehensive resources covering everything from summary conviction offences to complex indictable charges, based on current federal statutes and the Criminal Code of Canada.
In Canada, criminal law is a federal responsibility. This means that unlike some other jurisdictions, criminal offences are standard across the entire country, governed primarily by the Criminal Code of Canada. Whether you are in Vancouver, Toronto, or Halifax, the legal definition of a crime remains exactly the same. However, while the laws are drafted federally in Ottawa, they are mostly enforced and prosecuted by provincial police departments and regional courts.
Being charged with a criminal offence is an incredibly serious matter that can permanently impact your freedom, employment prospects, and your ability to travel internationally. This guide centre is designed to help you navigate the complexities of the Canadian justice system, providing clear, objective information on your rights and the legal pathways available to you.
Federal criminal law encompasses a vast array of legal challenges. Our resources address many common charges, including:
While the Criminal Code is a federal statute, your pathway through the justice system will almost always take place in provincial and territorial courts. For example, trials for summary conviction offences usually happen in the Provincial Court (such as the Ontario Court of Justice or the Provincial Court of Alberta). More serious indictable offences might be elevated to superior courts, like the Superior Court of Justice in Ontario, the Supreme Court of British Columbia, or the Court of King’s Bench in the prairie provinces and New Brunswick.
Investigations are carried out by municipal police forces (like the Calgary Police Service), provincial police (like the OPP), or the Royal Canadian Mounted Police (RCMP). When it comes to prosecution, provincial Crown counsel handle most Criminal Code matters. However, the Public Prosecution Service of Canada (PPSC) steps in for specific federal cases, such as large-scale drug trafficking, terrorism, or border offences investigated by the Canada Border Services Agency (CBSA).
Navigating federal criminal charges is incredibly stressful and legally complex. The stakes are simply too high to risk handling a prosecution on your own, as a criminal record can permanently alter the course of your life. We strongly advise anyone facing criminal charges to seek the counsel of a dedicated criminal defence lawyer who deeply understands Canadian evidence laws and the Charter of Rights and Freedoms. A qualified lawyer will ensure your rights are protected throughout the entire process.
You can find a list of relevant local lawyers and government agencies at the top of this page. Relying on a legal professional ensures that you have the strongest possible defence against the vast resources of the Crown or federal prosecutors.
In Canada, a summary conviction is generally for less serious crimes, carrying smaller fines and shorter maximum jail terms (often up to two years less a day). An indictable offence is for more serious crimes and carries much heavier penalties, including potential life in prison.
For strictly indictable offences, there is no statute of limitations in Canada; charges can be brought at any time, even decades later. However, for summary conviction offences, police generally have 12 months from the date of the offence to lay charges.
The PPSC prosecutes specific federal offences on behalf of the Crown. While provincial Crowns handle most Criminal Code offences, the PPSC focuses on matters such as drug trafficking under the CDSA, income tax evasion, and terrorism charges.
Merely being charged does not mean you have a criminal record, but pending charges will often show up on an enhanced Police Information Check or Vulnerable Sector Check. Only a formal conviction results in a permanent criminal record.
Travelling with pending criminal charges is highly risky. Border protection agencies have access to Canadian police databases. If they see outstanding charges, you will likely be denied entry until the matter is resolved or you obtain a travel waiver.
Costs vary widely depending on the province, the lawyer’s experience, and case complexity. A simple summary matter might cost a few thousand dollars, whereas a complex trial for an indictable offence can cost significantly more. Many lawyers offer block fees to provide financial predictability.
