The criminal court system in Ontario
The Ontario Court of Justice hears the vast majority (roughly 95%) of criminal matters: all summary conviction offences, all bail hearings, all preliminary inquiries, section 553 absolute-jurisdiction indictable offences (theft under $5,000, fraud under $5,000, mischief under $5,000, certain gaming offences), and any indictable offence where the accused has elected trial by an OCJ judge. The Superior Court of Justice hears jury trials, all section 469 indictable offences (murder, treason, terrorism — must be jury unless the Crown consents), and any indictable offence where the accused has elected trial by SCJ judge alone or judge and jury.
Election of mode of trial is governed by Criminal Code s. 536: for most indictable offences (other than s. 553 and s. 469 offences), the accused chooses (a) OCJ judge alone, (b) SCJ judge alone, or (c) SCJ judge and jury. The election shapes everything that follows — preliminary inquiry availability, jury composition, Charter motion strategy, and timeline.
Charter rights — what they actually protect
Section 7 (life, liberty, security of the person) anchors the right to make full answer and defence: full Crown disclosure (Stinchcombe), the right to silence, protection against self-incrimination. Section 8 (unreasonable search and seizure) requires lawful authority and reasonable conduct — the default is a prior judicial authorization issued on reasonable and probable grounds (Hunter v. Southam). Cellphones, computers, and digital data attract heightened privacy protection.
Section 9 (arbitrary detention) prohibits stops or detentions — psychologically or physically — without lawful authority. R. v. Grant governs when a detention is triggered and R. v. Le (2019) reaffirmed that race and context matter. Section 10 (rights on arrest) requires prompt notice of the reason, the right to retain and instruct counsel without delay, and a meaningful opportunity to do so before police questioning. Section 11(b) (trial within a reasonable time) under R. v. Jordan (2016 SCC 27) sets presumptive ceilings of 18 months in the OCJ and 30 months in the SCJ from charge to actual or anticipated end of trial — Ontario stays under s. 11(b) remain a real defence outcome in matters approaching those ceilings.
Bail and the Bill C-48 reverse-onus expansion
The default rule under Criminal Code s. 515 is release on the least onerous form of release reasonably necessary. Detention requires the Crown to satisfy one of three grounds: primary (attendance in court), secondary (protection of the public), or tertiary (maintaining confidence in the administration of justice).
Bill C-48 (royal assent December 5, 2023, in force January 4, 2024) significantly expanded the reverse-onus regime. New reverse onus for repeat violent offending with a weapon: accused (1) charged with a violent offence involving a weapon, (2) convicted within the last 5 years of a violent offence involving a weapon, where (3) both the present and prior offence carry a maximum of 10 years or more. Four firearms offences added to the reverse-onus list: s. 95 (loaded prohibited/restricted firearm), s. 98 (B&E to steal a firearm), s. 98.1 (robbery to steal a firearm), s. 102 (making an automatic firearm). Bail courts must expressly consider the safety and security of the community and any history of convictions involving violence.
Mandatory minimums after Bill C-5 and Senneville
Bill C-5 (royal assent November 17, 2022) repealed roughly one-third of Canada's mandatory minimum penalties: all CDSA drug offences, 14 firearms-related Criminal Code offences, and one tobacco offence. It also expanded conditional (house-arrest) sentences for many offences and codified diversion for simple drug possession. The Supreme Court continues to strike specific minimums under Charter s. 12 — most recently Quebec (Attorney General) v. Senneville, 2025 SCC 33, struck the one-year minimum for a child pornography offence as grossly disproportionate. Defence counsel routinely raise s. 12 challenges where a fit sentence would be far below the minimum.
What we do
- Bail hearings and bail reviews (including reverse-onus shows-cause and SCJ s. 520/521 reviews)
- Crown disclosure review and defence investigation (Stinchcombe and O'Connor third-party records applications)
- Crown resolution and pre-trial negotiations (withdrawal, peace bonds, diversion, plea negotiations)
- Charter applications: ss. 8 (search), 9 (detention), 10(b) (right to counsel), 11(b) (delay), s. 24(2) exclusion
- Summary trials in OCJ, judge-alone and jury trials in SCJ, preliminary inquiries where available
- Sentencing submissions: Gladue submissions for Indigenous clients, s. 12 mandatory-minimum challenges, conditional and intermittent sentence applications
- Appeals: summary conviction appeals to SCJ, indictable appeals to ONCA, leave applications to the SCC
- Specialized court representation: Mental Health Court, Drug Treatment Court, Indigenous Peoples' Court, Youth Court
- Record suspensions, US entry waivers (Form I-192), and post-conviction relief
Frequently asked
Do I really need a lawyer for a first offence?
Yes — almost always. A criminal conviction (even for a "minor" first offence) creates a record that lasts at minimum 5–10 years before a record suspension is even available, and can affect employment, professional licensing, immigration status, child custody, and US travel. A lawyer can often resolve a first-offence file through diversion, peace bond, or withdrawal — outcomes extraordinarily difficult to negotiate as a self-represented accused. If you cannot afford private counsel, apply to Legal Aid Ontario or use Duty Counsel for first appearances and bail.
Will I get a criminal record?
Only if you are convicted. Charges that are withdrawn, stayed, dismissed, resolved by peace bond under Criminal Code s. 810, or resolved through diversion do not result in a conviction or a criminal record (though fingerprint and police-occurrence records may persist and require separate destruction or non-disclosure applications). An absolute discharge and conditional discharge under s. 730 result in a finding of guilt but no conviction; they are removed from CPIC after 1 and 3 years respectively.
What does a criminal trial actually cost?
Realistic 2026 ranges for private counsel in the GTA: bail hearing $2,500–$5,000 (more if contested with sureties); summary conviction trial (1–2 days) $5,000–$15,000; indictable trial in OCJ (judge alone) $15,000–$40,000; SCJ jury trial $40,000–$150,000+; stand-alone Charter application $5,000–$25,000+. Senior counsel in Toronto typically bill $400–$800/hour; flat (block) fees are common for predictable matters.
What is a peace bond?
A peace bond under Criminal Code s. 810 is a court order requiring you to keep the peace and be of good behaviour, with conditions (typically no-contact, no weapons) for up to 12 months — extendable to 24 months under s. 810.03 in intimate-partner violence cases. Critically, a peace bond is not a conviction and does not create a criminal record. It is one of the most common — and most favourable — resolutions in domestic-assault and uttering-threats files.
Can I travel to the United States after a criminal charge?
A charge alone does not bar entry. A conviction for an offence the US considers a "crime involving moral turpitude" (most fraud, theft, assault, drug, weapons, and many sexual offences) renders you inadmissible. A Canadian record suspension is not recognized by US Customs and Border Protection — once they have your record, it stays in their system. The remedy is a US Entry Waiver under Form I-192, valid for one to five years, requiring fingerprints and full disclosure. Apply 6–12 months before travel; expect $1,500–$3,500+ in legal and government fees.
What is a record suspension and how long does it take?
Granted by the Parole Board of Canada under the Criminal Records Act. Wait period after sentence completion: 5 years for summary offences, 10 years for indictable offences. The application sets aside (but does not erase) the conviction, removes it from CPIC visibility for most purposes, and significantly improves employment and bonding prospects. Processing typically takes 6–12 months after a complete application is filed.
Should I plead guilty to make this go away?
Almost never without legal advice first. Disclosure may reveal Charter breaches, identification weaknesses, or a defence you don't see; the Crown may overcharge to leverage a plea; and a guilty plea is enormously difficult to withdraw. Even where guilt is not in dispute, the consequences of a plea (record, immigration, employment, US travel) are negotiable through plea-resolution discussions in ways no self-represented accused can replicate.