Criminal Code Charges in Ontario: Offences, Penalties & Your Defence
A guide to the Criminal Code offences we defend across Ontario, with the section number for each charge, what happens after you are charged, and answers to common questions.
Free consultation: 1-855-529-3501The Criminal Code of Canada is the federal statute that defines most crimes and their penalties. If you are charged with a Criminal Code offence in Ontario, your case is heard in the Ontario Court of Justice or the Superior Court of Justice. Do not discuss the allegation with police or plead guilty before getting legal advice, because how the case is handled early often decides whether you end up with a criminal record.
- Types of offences
- Driving
- Assault & violence
- Sexual offences
- Theft, fraud & drugs
- Bail & breaches
- Firearms & youth
- What happens next
- FAQ
How Criminal Code offences are classified
Every offence in the Criminal Code falls into one of three categories. The category affects the maximum penalty, which court hears the case and whether you can choose a jury trial.
| Type | What it means |
|---|---|
| Summary | Least serious. Maximum of two years less a day in jail and/or a $5,000 fine. Heard in the Ontario Court of Justice. |
| Hybrid | The Crown chooses to proceed summarily or by indictment. Most common charges, including sexual assault, theft under $5,000 and dangerous operation, are hybrid. |
| Indictable | Most serious, with higher maximum penalties. For many indictable offences you can elect a trial by judge alone or by judge and jury, sometimes after a preliminary inquiry. |
Criminal Code charges we defend
Daley, Byers defends the full range of Criminal Code charges across Ontario. Related offences are grouped below; each card links to a detailed page.
Driving offences
Impaired driving, over 80 and refusal
Driving while impaired by alcohol or drugs, having a blood alcohol concentration of 80 mg or more within two hours of driving, or refusing a breath or blood demand. More serious versions apply where bodily harm or death results.
Dangerous driving
Driving in a manner that is dangerous to the public, judged against what a reasonable driver would do, including where bodily harm or death results.
Failure to stop or remain at an accident
Leaving the scene of a collision to escape liability without giving your name and address or offering help to anyone injured.
Flight from police and driving while prohibited
Failing to stop as soon as reasonable while being pursued by police, and driving while prohibited or disqualified by a court order.
Assault, domestic and violent offences
Assault and domestic assault
From simple assault to assault with a weapon, assault causing bodily harm, aggravated assault and assaulting a police officer. Domestic assault is assault involving a partner or family member and comes with strict bail conditions.
Threats, harassment and intimidation
Uttering threats, criminal harassment (including online), intimidation, and indecent or harassing phone calls and messages.
Forcible confinement
Confining, imprisoning or forcibly seizing another person without lawful authority. It is often charged alongside domestic assault.
Sexual offences
Sexual assault and aggravated sexual assault
Sexual touching without consent, and the more serious offence where the complainant is wounded, maimed or endangered. Cases often turn on consent, credibility and disclosure.
Sexual interference, invitation to sexual touching and child luring
Offences involving complainants under 16 (or under 18 for sexual exploitation), and online communication with someone believed to be a minor to facilitate a sexual offence.
Child sexual abuse and exploitation material
Formerly called "child pornography". Covers making, distributing, possessing and accessing the material. Device search and seizure is often the central legal issue.
Voyeurism and intimate images
Secretly observing or recording someone where they expect privacy, and sharing intimate images without consent.
Soliciting and prostitution offences
Obtaining sexual services for consideration and related offences, commonly charged after police operations.
Sex offender registries
A conviction for a designated sexual offence can lead to registration on the national registry under SOIRA and on the Ontario Sex Offender Registry.
Theft, fraud, property and drug offences
Theft, shoplifting and possession of stolen property
Theft over or under $5,000, shoplifting, and possessing property obtained by crime. First-time shoplifting charges can often be resolved through diversion.
Fraud, forgery and perjury
Fraud over or under $5,000, making or using forged documents, and knowingly giving false evidence under oath.
Mischief
Damaging property or interfering with its lawful use. Mischief under $5,000 is a hybrid offence; over $5,000 carries a higher maximum.
Proceeds of crime
Possessing or laundering proceeds of crime. The Crown may also seek forfeiture of money or property.
Drug possession, trafficking, importing and production
Laid under the Controlled Drugs and Substances Act rather than the Criminal Code, including double doctoring. Charter issues with the search are often decisive.
Bail, breaches and offences against justice
Bail hearings, reviews and variations
Securing release after arrest, reviewing a detention order, and changing bail conditions that no longer fit your situation.
Failure to comply and breach of probation
Breaching a release order, undertaking or probation order. These charges can affect bail on any other matter.
Obstructing justice and public mischief
Attempting to obstruct or defeat the course of justice, and misleading police, for example with a false report.
Firearms and youth matters
Firearms and weapons offences
Unauthorized or careless possession, storage and transport of firearms and prohibited weapons.
Young offenders
Youths aged 12 to 17 are charged under the Criminal Code but prosecuted under the Youth Criminal Justice Act, which emphasizes rehabilitation and limits access to youth records.
What happens after you are charged in Ontario
- Arrest and releasePolice may release you with an appearance notice or undertaking, or hold you for a bail hearing. Call a lawyer before agreeing to conditions you do not understand.
- First appearanceYour first court date is usually in the Ontario Court of Justice where the offence is alleged to have happened. A lawyer or agent can often appear for you. Find your courthouse.
- DisclosureThe Crown must give you the evidence it has, such as police notes, videos and witness statements. Your lawyer reviews it for weaknesses and Charter breaches.
- Crown and judicial pre-trialsYour lawyer meets the Crown and a judge to narrow issues and negotiate. Many cases are withdrawn, diverted or resolved without a criminal record at this stage.
- Resolution or trialIf the case does not resolve, it proceeds to trial, where the Crown must prove every element of the offence beyond a reasonable doubt.
Why clients choose Daley, Byers
Daley, Byers is an Ontario criminal defence firm. Founding partners Ken Byers and Bruce Daley were called to the Bar in 1981, and the firm defends Criminal Code charges in courthouses across the province.
- Free initial consultationSpeak with a lawyer about your charge and your options before you decide anything.
- Criminal defence onlySexual offences, driving charges, assault, drug, fraud and theft charges, bail, firearms and youth matters.
- Payment plansClear fees with payment plans available. See fees.
- Reachable when it mattersClients receive direct contact details for their lawyer.
Frequently asked questions
What is the Criminal Code of Canada?
The Criminal Code (R.S.C. 1985, c. C-46) is the federal law that defines most criminal offences in Canada and sets out their penalties and the procedure courts must follow. It applies the same way in every province, so a Criminal Code charge laid in Toronto, Ottawa or Barrie is the same offence. Most drug charges are the exception: they are laid under the Controlled Drugs and Substances Act.
What is the difference between a summary, hybrid and indictable offence?
Summary conviction offences are the least serious and carry a maximum of two years less a day in jail and/or a $5,000 fine. Indictable offences are the most serious and carry higher maximum penalties. Hybrid offences, which include most common charges such as assault, theft under $5,000 and dangerous driving, let the Crown choose to proceed summarily or by indictment.
Will a Criminal Code charge give me a criminal record?
A charge alone is not a conviction. A record of conviction results only if you plead guilty or are found guilty. Many cases end without a conviction: charges can be withdrawn or stayed, resolved by a peace bond, or result in an acquittal. A discharge is not a conviction, and under the Criminal Records Act it is removed from the national police database after one year (absolute) or three years (conditional).
Should I speak to the police if I am charged?
You have the right to remain silent and, under section 10(b) of the Charter, the right to speak to a lawyer without delay after arrest or detention. Anything you say can be used as evidence. Politely give your identity where required, ask to speak to a lawyer, and do not explain your side of the story until you have legal advice.
Is "child pornography" still the name of the offence?
No. Since October 10, 2025, the Criminal Code uses the term "child sexual abuse and exploitation material" in section 163.1 instead of "child pornography". The change came from Bill C-291. The offences of making, distributing, possessing and accessing the material remain in the Code.
How long can a criminal case take in Ontario?
Under the Supreme Court of Canada decision in R. v. Jordan, a case is presumed unreasonably delayed if it takes longer than 18 months from charge to the end of trial in the Ontario Court of Justice, or 30 months in the Superior Court of Justice. Delay caused by the defence is not counted. A stay of proceedings can be sought when these limits are exceeded.
How much does a criminal defence lawyer cost?
Cost depends on the charge, the court and whether the case resolves or goes to trial. Daley, Byers offers a free initial consultation and payment plans, so you can understand your options and the likely cost before committing.
Charged with a Criminal Code offence? Do not plead guilty before getting legal advice. A lawyer can review the Crown's disclosure and explain every option available to you.
Call 1-855-529-3501 for a free consultationThis page is general legal information about the Criminal Code of Canada (R.S.C. 1985, c. C-46) and related statutes as they apply in Ontario, current as of November 9, 2026. It is not legal advice. Penalties and procedures depend on the facts of each case; contact a lawyer about your situation.