Canada’s Criminal Code Overhaul: What Accused Persons Need to Know

by Daley, Byers | Jan 19, 2026 | Blog

Canada’s Criminal Code Overhaul: What Accused Persons Need to Know

The federal government has proposed major changes to the Criminal Code through new legislation called the Protecting Victims Act. The bill responds to concerns about violence, exploitation and online harm, especially involving children. If passed, it would expand certain criminal offences, increase penalties and change how courts handle these types of cases.

While protecting victims is a critical and shared objective, major criminal law reforms also have serious consequences for people who are accused of crimes. From a criminal defence perspective, these changes raise important questions about fairness, Charter rights and how allegations will be investigated and prosecuted in Ontario courts.

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What Is the “Protecting Victims Act”?

According to the federal Department of Justice, the proposed legislation is intended to modernize Canada’s criminal law framework by addressing gaps related to gender-based violence, coercive control, online exploitation and emerging technologies such as deepfake imagery. The government has also emphasized the need to reduce court delays while strengthening public confidence in the justice system.

If passed, these amendments would represent one of the most significant Criminal Code overhauls in decades, with immediate implications for anyone charged with a criminal offence in Ontario.

Key Criminal Code Changes That Matter to the Defence

Expanded Definitions of Murder and Hate-Motivated Violence

One of the most consequential proposals would automatically classify certain killings as first-degree murder where they are connected to hate-based motives or patterns of coercive or controlling behaviour, including what the legislation refers to as “femicide.”

From a defence standpoint, this expansion dramatically raises the stakes. First-degree murder carries a mandatory life sentence with no parole eligibility for 25 years. How motive, context and alleged patterns of behaviour are interpreted will become critical issues at trial.

A New Criminal Offence for Coercive Control

The proposed legislation would introduce a standalone offence criminalizing patterns of coercive or controlling conduct, even in the absence of physical violence. While this concept has gained attention internationally, it presents real legal challenges in practice.
Unlike traditional offences tied to specific acts, coercive control allegations often rely on subjective interpretation of communications, relationship dynamics and intent. For accused individuals, this raises concerns about vague legal thresholds, evidentiary standards and the risk of criminalizing conduct without clear boundaries.

Increased Penalties and New Digital-Age Offences

The Act proposes stronger penalties for sexual offences, particularly those involving children, and new criminal prohibitions related to non-consensual deepfake sexual imagery. It would also criminalize threats to distribute child sexual abuse material and require online platforms to preserve data for longer periods to assist police investigations.

While these provisions are aimed at addressing real harms, they also expand police powers and digital evidence collection, making early legal advice and strategic defence planning more important than ever.

Return of Mandatory Minimum Sentences

Several mandatory minimum penalties for child-related sexual offences, previously struck down by Canadian courts as unconstitutional, would be reinstated, with a limited “safety valve” allowing judges to depart only in rare cases.

Mandatory minimum sentences have long been a focal point of Charter litigation. From a defence perspective, their return raises serious concerns about proportionality, judicial discretion and the risk of unjust outcomes in individual cases.

Charter Rights Remain Central, Even as the Law Changes

Criminal law reform must always operate within the framework of the Canadian Charter of Rights and Freedoms. Regardless of the nature of the allegations, every accused person retains the right to be presumed innocent, to make full answer and defence and to be free from cruel and unusual punishment.

New offences expanded definitions and increased penalties do not lower the Crown’s burden of proof. Prosecutors must still prove every element of an offence beyond a reasonable doubt, using admissible evidence and lawful investigative techniques. Where legislation is vague, overbroad or disproportionate, constitutional challenges may arise.

What This Means If You Are Facing Criminal Charges in Ontario

As these reforms move through Parliament, individuals charged with criminal offences may face:

More aggressive charging decisions
Increased reliance on digital and pattern-based evidence
Stricter bail conditions or detention arguments
Harsher sentencing exposure upon conviction

In this environment, retaining an experienced criminal defence lawyer early in the process is critical. How a case is approached at the outset, including bail, disclosure review and Charter analysis, can significantly affect the outcome.

Why Clients Choose Daley Byers

At Daley Byers, we understand that criminal charges are deeply personal, stressful, and life-altering events. Our defence lawyers have extensive experience navigating Ontario’s criminal courts and challenging complex prosecutions, including those involving serious allegations, evolving legislation and constitutional issues.

We focus on:

Protecting your Charter rights
Holding the Crown to its full burden of proof
Developing strategic, individualized defence plans
Providing clear, honest guidance at every stage

As criminal law continues to evolve, having a knowledgeable and experienced defence team on your side matters more than ever.

Speak With an Ontario Criminal Defence Lawyer

If you are under investigation or have been charged with a criminal offence, do not wait to get legal advice. The earlier a defence strategy is developed, the better positioned you are to protect your rights.

Contact Daley Byers today to speak with an experienced Ontario criminal defence lawyer and learn how we can help.

Disclaimer: The information in this article is provided for general informational purposes only and does not constitute legal advice. Every situation is unique, and readers should not act or refrain from acting based on this content without seeking advice from a qualified lawyer regarding their specific circumstances.

Criminal Conviction or Finding of Guilt: How it can Affect your Immigration Status

by Daley, Byers | Dec 10, 2025 | Blog

Criminal Conviction or Finding of Guilt: How it can Affect your Immigration Status

If you’re a permanent resident, work permit holder, on a student visa, visitor or refugee claimant, a criminal conviction in Canada can affect your ability to enter, remain or become a citizen. Even outcomes that don’t leave you with a “conviction” on your record can still have immigration consequences. We’ll explain the basics from an Ontario criminal defence perspective so you can make informed decisions before you resolve your case. Although we are mindful of immigration consequences, if you are concerned, we strongly recommend obtaining a written opinion from an experienced immigration lawyer. We can help coordinate this process and, where appropriate, connect you with trusted immigration counsel, for tailored advice on your situation.

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Possible Criminal Outcomes that May Affect Immigration

Conviction: If the Court registers a conviction, immigration issues must be addressed. Convictions can trigger inadmissibility for non-citizens under the Immigration and Refugee Protection Act (IRPA).
Discharge (conditional or absolute): Absolute or conditional discharge means that you were found guilty, but no conviction is registered. Discharges generally do not create criminal inadmissibility under s.36 IRPA.
Peace bond (s.810): No admission of guilt, no conviction. Standing alone it doesn’t create criminal inadmissibility under s.36.
Impact of Record Suspensions (formerly known as a Pardon): If granted for a Canadian conviction, immigration inadmissibility under s.36 cannot be based on that conviction.

Immigration Risk Under IRPA: Two Ways You Can be Found Inadmissible

Before you focus on possible outcomes in court, it helps to understand how IRPA looks at criminal issues. Broadly, there are two areas:

Serious Criminality

A permanent resident or foreign national can be inadmissible if they’re convicted of an offence punishable by a maximum of 10 years or more, or if they receive more than 6 months of jail, as per IRPA s.36(1). A conviction will lead to removal risk for PRs and refusals for temporary residents. Individuals who have a work permit or student visa will likely not have the status renewed, nor will they be granted PR status. While there may be applications, hearings and other steps to defend against a finding of inadmissibility, the law states a person convicted of such a conviction, will be deemed inadmissible to Canada.

Criminality

A foreign national can be inadmissible under IRPA s.36(2) if they are convicted in Canada of an offence punishable by indictment or of two offences that did not arise from a single occurrence. The same applies to convictions outside Canada where the conduct would be indictable here, or to two foreign convictions from different events that would be offences under an Act of Parliament if committed in Canada. Inadmissibility can also follow from committing an act abroad that is an offence where it occurred and would be indictable in Canada. In practice this captures many “hybrid” offences because they are treated as indictable for immigration purposes, and two separate summary convictions can still add up to criminality. The result can be refusals of entry, visas or permits and enforcement action at the border, so it’s critical to confirm the Canadian classification before you plead.

With that framework in mind, the next question is how common Ontario results interact with immigration rules.

Immigration Consequences

Impaired Driving (Alcohol or Drugs)

Now treated as serious criminality because it has a 10-year maximum penalty, a conviction can trigger removal proceedings for PRs and refusals for work or study permits and visas. In such cases, we will attempt to negotiate a resolution to a lesser charge under the Highway Traffic Act or a plea to a lesser charge for a conditional discharge.

Domestic Charges:

s. 266 is not treated as serious criminality because it has only a 5-year maximum sentence. However, if a 6 month or more sentence is imposed, a noncitizen is subject to a removal order.

s. 267
(a) assault with weapon
(b) assault bodily harm
(c) assault Choke

These charges all have a 10-year maximum sentence and are treated as serious criminality. Removal orders apply.

Conditional or Absolute Discharge

Often a possible option for non-citizens because it avoids a conviction for IRPA
purposes, which usually avoids criminal inadmissibility. A conditional discharge still involves a finding of guilt, so get advice before travel or status applications.

Peace Bond

In the right case, resolving by peace bond can be effective. It’s not a conviction or finding of guilt, in fact no admissions as to criminal or civil responsibility are made. A peace bond won’t trigger criminal inadmissibility on its own.

Withdrawn or Stayed Charges

No conviction, so s.36 criminal inadmissibility doesn’t arise from the charge itself.

Record suspension (Pardon) for a Canadian conviction

If granted and still valid, IRPA s.36 cannot rely on that conviction to find you
inadmissible. Eligibility, timing and any new allegations still matter.

Taken together, these outcomes show why your defence plan should account for immigration from day one.

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If you are not a citizen, your case is about two things: the courtroom result and the immigration fallout. For many students, workers, PRs and refugee claimants across Ontario, the difference between a discharge and a conviction can decide whether you stay or go.

Before you Plead



Call a lawyer first

Don’t accept a plea or diversion without understanding your IRPA risk. For many non-citizens, the right target is a non-conviction resolution or a conviction that avoids serious-criminality exposure.



Tell us your status and plans

PR renewal, PGWP, IEC, spousal sponsorship or citizenship plans can shift the strategy we recommend.

Bring documents

Passports, permits, landing papers, previous applications, court documents and RCMP prints help us advise quickly and accurately.

How Daley Byers Can Help

We’re Ontario Criminal Defence lawyers who regularly advise non-citizens in all communities throughout Ontario including Toronto, Milton, Brampton, Hamilton, Kitchener, St. Catharines, Barrie, Newmarket and more, on the immigration-sensitive way to resolve criminal charges. We:

Identify IRPA serious criminality risks early and adjust defence strategy
Push for non-conviction outcomes where appropriate
Structure pleas and submissions with immigration consequences in mind
Work alongside immigration counsel when your file demands it

Facing criminal charges in Ontario? Contact us to know your options.
If you need immigration advice, please contact Nancy Lam at NL Immigration Law here.

Facing criminal charges in Ontario?

Contact us to know your options.

If you need immigration advice, please contact Nancy Lam at NL Immigration Law here.

Key takeaways

Convictions can trigger inadmissibility.
Discharges and peace bonds usually avoid s.36 criminal inadmissibility.
Impaired driving is now serious criminality and can jeopardize PR status and entry for foreign nationals.
Domestic charges: Some are considered serious criminality and some are not.
A record suspension can remove IRPA s.36 reliance on a Canadian conviction.

Can I travel to the U.S. with a Canadian criminal record?

by Daley, Byers | Oct 21, 2025 | Blog

Can I travel to the U.S. with a Canadian Criminal Record?

What to Know First

Travel with a record is possible but never guaranteed. A conviction or finding of guilt can possibly make you inadmissible to the United States. Even an outstanding criminal charge can also prevent entry to the United States. Canadians are visa-exempt for short visits yet U.S. border officers can still refuse entry based on your record, and Canadian record suspensions don’t fix U.S. rules.

Keep reading to learn the offences that raise red flags, why record suspensions (formerly called pardons) don’t guarantee entry, when a waiver may be needed, and how Daley Byers aims to reduce collateral damage so you can make informed choices now.

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Why Canadians Can be Refused at the U.S. Border

U.S. immigration law denies entry to visitors with certain criminal histories, including:

● Crimes involving moral turpitude (CIMT) like many fraud or theft offences
● Controlled-substance offences (even if legal under provincial law)
● Some multiple convictions or serious offences that raise public-safety concerns

Border officers apply U.S. definitions, for example CIMT, when assessing your record. In addition, your entry may depend on the individual Homeland Security officer that you are dealing with at the border.

What about DUI/Impaired?

A simple DUI or impaired driving charge, without aggravating factors is generally not a CIMT, but DUI can still create problems, especially with injuries, child passengers, or if it signals alcohol abuse. Don’t assume it’s risk-free at the border. Multiple convictions for Dui and related charges can also cause issues at the border.

Record suspensions and U.S. Entry Waivers

A Canadian record suspension (pardon) can help you at home, but the U.S. doesn’t recognize it, and it doesn’t erase a “conviction” for U.S. immigration purposes; similarly, many discharges, conditional or absolute, can still cause difficulties at the border. If you are deemed inadmissible, you may seek a non-immigrant waiver (Form I-192). Decisions are case-by-case and weigh the offence, time since it occurred, rehabilitation, and your reason for travel; if approved, the waiver permits temporary entry for a defined period. Please allow yourself significant time to obtain a waiver as they are slow.

Practical Steps When Travelling with a Criminal Record

If you have a criminal record and plan to visit the U.S., start by confirming the exact offence. Gather a current police/court package with certified dispositions so a lawyer can assess issues like CIMT or drug-related grounds. If you may be inadmissible, consider a U.S. entry waiver

(Form I-192) early and build it properly with proof of rehabilitation, purpose of travel, and strong ties to Canada, but keep in mind, you cannot obtain this information same-day. Don’t rely on a Canadian record suspension; it can help domestically but isn’t determinative at the U.S. border.

Finally, be candid and consistent at inspection. Border Patrol compares your answers to database records and prior entries, and contradictions can trigger serious consequences. Misrepresentation (even by omission) can lead to refusal of entry that day, cancellation of travel privileges like NEXUS/Global Entry, notes on your file that complicate all future crossings, and in serious cases a long-term or even lifetime inadmissibility bar that requires a waiver to overcome. If you’re unsure how to answer, say so and ask to speak with a lawyer rather than guessing.

How Daley Byers helps as your Criminal Defence Team

We’re criminal lawyers first and last. Our job is to defend criminal charges in Ontario and shape an outcome that protects your record, your life and, where relevant, your ability to travel. We can apply for U.S. waiver or record suspensions (pardon) However our primary task is to obtain results which avoid border issues.

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Charged or under investigation in Ontario? Contact Us today for a confidential review.

What Happens After a DUI Arrest in Ontario?

by Daley, Byers | Oct 16, 2025 | Blog

What Happens After a DUI Arrest in Ontario?

Being arrested for impaired driving, often called a DUI in Ontario, is a stressful and confusing experience. Many people don’t know what happens next or how the process unfolds. While every case is different, there are several steps that almost all individuals face after being charged with impaired driving in Ontario.

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The Traffic Stop and Initial Investigation

A DUI arrest often begins with a traffic stop. Police may pull over a driver for speeding, erratic driving, to check sobriety, or as part of the roadside R.I.D.E. program. An officer may also stop a vehicle simply to verify that the driver has a valid drivers licence, insurance, and ownership documents.

Thereafter the officer, if he or she wishes, can then make a demand for a roadside sample of breath, sometimes referred to as a roadside screening test or a Standardized Field Sobriety Test SFST). For alcohol, if there is a lawful stop the officer does not need to first suspect alcohol consumption in order to make this demand. For drugs however, the officer must have reasonable suspicion that the driver has drugs in their system before requesting roadside testing.

Failing the test (i.e. by providing an inadequate sample), or outright refusing it, will likely lead to an arrest and criminal charges. There are defences available when charged with failing or refusing to provide a roadside sample.

Being Arrested and Taken into Custody

If police believe there is evidence of impairment, or if the roadside test result indicates that the driver is over the legal limit, they will place the driver under arrest. At this stage, individuals are supposed to be advised as follows:

1. That they are under arrest;
2. The charge(s) that they are arrested for;
3. Rights to counsel, including the right to speak to counsel of their own choice, or a free duty counsel;
4. And cautioned regarding providing statements.

After the arrest, the individual is transported to the police station for additional testing and is usually kept in custody until sober enough to be released. The charges that may follow include impaired operation, driving with a blood alcohol concentration “80 mg or more,” (often referred to as “over 80”) and/ or failing or refusing to comply with a demand.

Immediate Licence Suspension and Vehicle Impoundment

Ontario’s Administrative Driver’s Licence Suspension (ADLS) program imposes automatic consequences the moment someone is charged with impaired driving. This includes an immediate 90-day licence suspension and a seven-day vehicle impoundment. These penalties are applied right away, regardless of the outcome in court.

Release Conditions and Court Paperwork

Once the arrest and processing are complete, individuals may be released with certain documents that outline the next steps in the process. This can include paperwork such as a Promise to Appear in court and a Notice of Suspension relating to the person’s driver’s licence. Depending on the circumstances of the case, there may also be additional conditions attached to the release. These can vary but may involve restrictions on alcohol use, requirements to remain in a particular jurisdiction, restrictions on driving, or other limitations set by the authorities. In serious cases, the individual under arrest can be held for a bail hearing.

It’s important to pay close attention to the first court date listed on this paperwork, as it marks the beginning of the formal proceedings. Missing this appearance can lead to more complications, including the possibility of additional charges. While the specific documents and conditions differ from case to case, they all serve to ensure that individuals remain accountable throughout the legal process.

The Court Process Explained

The court process following a DUI arrest in Ontario typically unfolds in several stages:

First Appearance:

A short hearing where the accused is expected to appear, often to receive disclosure (the evidence collected by police).

Disclosure Review:

This package can include police notes, witness statements, and
technical records such as breathalyzer calibration logs.

Pre-Trial Discussions:

The Crown and Defence may meet to discuss possible resolutions
or narrow down trial issues.

Trial:

If no resolution is reached, the matter proceeds to trial where evidence and testimony are presented. In some instances, a judicial pretrial is conducted prior to setting trial dates. At the judicial pretrial the defence counsel, the crown and a Judge (who will not be the trial judge) may discuss possible resolution, triable issues and estimate the time for trial.

This process can take months or longer depending on the complexity of the case and the court’s schedule.

The Consequences of a DUI Conviction in Ontario

A conviction for impaired driving carries escalating penalties depending on whether it’s a first, second, or subsequent offence.

First offence:

Minimum fine of $1,000, a one-year licence suspension, and mandatory completion of an education program before reinstatement. The minimum fine for
impaired operation is $1000.00. With respect to “80 plus” (over 80) charges there is a graduated scale. Readings of 119 or less the minimum fine is $1,000.00. Readings of 120 – 159 the minimum fine is 1500.00 and readings 160 or more the minimum fine is 2000.00.

Second offence:

At least 30 days in jail, and a minimum licence suspension of 2 years.

Third or subsequent offences:

A minimum of 120 days in jail, minimum licence suspension of 3 years.

Other consequences may include victim surcharges, mandatory treatment programs, and probation orders. The Ministry of Transportation also imposes ignition interlock device restrictions, which add both cost and inconvenience to regaining driving privileges. For novice and young drivers (under 21), Ontario enforces a strict zero-tolerance policy, meaning any detectable alcohol or drug use can result in immediate penalties. Commercial drivers are held to the same standard.

Next Steps

Facing an impaired driving charge in Ontario is obviously not something to take lightly. From the moment of arrest, the process can move quickly. Beyond the legal procedures, a conviction can carry long-term consequences that affect everything from your ability to drive, a criminal record, possible immigration consequences and even your ability to travel outside of Canada.

This article is meant to provide an overview of what typically happens after a DUI arrest, but every case is different and the stakes can be high. The decisions made early on can have a lasting impact, which is why it’s important to get clear information about your options as soon as possible.

If you or someone you care about is dealing with an impaired driving charge, don’t wait until the situation feels overwhelming. Reach out to Daley Byers Criminal Lawyers to schedule a free and confidential consultation with experienced defence lawyers who can guide you through the process. The lawyers at Daley, Byers have successfully defended thousands of clients charged with a refuse sample, DUI or impaired driving. We will go to court for you, you will not have to attend until absolutely necessary.

If you have been charged with a criminal offense

by Daley, Byers | Mar 1, 2023 | bail, Blog

If you have been charged with a criminal offense, the first thing you should do is find a good criminal defense lawyer. A criminal defense lawyer can help you navigate the legal system and protect your rights. In this blog post, we will discuss the importance of hiring a criminal defense lawyer and how to find the right one for your case.

Why You Need a Criminal Defense Lawyer

If you have been charged with a crime, you need a criminal defense lawyer. The criminal justice system is complex and can be overwhelming. A criminal defense lawyer can help you understand your rights, explain the charges against you, and help you navigate the legal system.

A criminal defense lawyer can also help you build a strong defense. They will investigate the case, interview witnesses, and gather evidence to support your case. They will also represent you in court and negotiate with prosecutors to try to get the charges against you reduced or dismissed.

How to Find the Right Criminal Defense Lawyer

Finding the right criminal defense lawyer can be a challenge, but there are several things you can do to make the process easier. Here are some tips to help you find the right criminal defense lawyer for your case:

1. Look for a Lawyer with Experience in Criminal Defense

Criminal defense is a specialized area of law, and you want to make sure that the lawyer you hire has experience in this area. Look for a lawyer who has handled cases similar to yours and has a track record of success.

2. Check their Reputation

Check the lawyer’s reputation by reading reviews and testimonials from previous clients. You can also check their ratings on legal directories like Martindale-Hubbell or Avvo. A lawyer with a good reputation is more likely to provide quality legal representation.

3. Meet with the Lawyer

Schedule a consultation with the lawyer to discuss your case. Use this opportunity to ask questions and get a feel for the lawyer’s communication style. You want a lawyer who will listen to your concerns and explain the legal process in a way that you can understand.

4. Consider their Fee Structure

Before hiring a lawyer, make sure you understand their fee structure. Some lawyers charge by the hour, while others charge a flat fee or work on a contingency basis. Make sure you know what you will be expected to pay and when.

5. Trust your Instincts

Finally, trust your instincts. If something feels off, it probably is. You want a lawyer who you feel comfortable with and trust to represent you in court.

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