Statute of Limitations for Criminal Offences in Canada

Statute of Limitations for Criminal Offences in Ontario

In Ontario, statutes of limitations set legal time limits for when certain criminal charges can be laid—but only for less serious offences. For summary conviction offences, the Criminal Code of Canada generally imposes a six-month limitation period from the date of the alleged incident. If charges are not filed within this timeframe, the case cannot proceed in court.

However, this rule does not apply to indictable offences, which are the more serious crimes under Canadian law. In these cases, there is no statute of limitations, meaning the police can lay charges years or even decades later, as long as the accused is still alive and there is sufficient evidence to proceed.

This is especially relevant in historical cases, such as sexual offences or violent crimes, where the alleged incident may have occurred long ago. Unlike in the United States—where even serious crimes may be time-barred under federal or state laws—Canada allows for the prosecution of indictable offences at virtually any point in the future.

Understanding whether a limitation period applies is critical when responding to an investigation or allegations. If you’re concerned about a past incident or have been contacted by law enforcement, it’s important to speak with a criminal defence lawyer immediately.

In Canada, criminal offences are broadly categorized by how serious they are deemed to be. We do not use the terms misdemeanor and felony, like in the U.S. Instead, the three main categories are:

Indictable offences

Indictable conviction offences are the most serious types and are similar to felonies. They can be tried either by a judge alone or by a judge and jury and can lead to penalties of up to life in prison.

Indictable criminal offences include the following types of crimes:

• Murder
• Manslaughter
• Kidnapping
• Arson
• Aggravated sexual assault
• Drug trafficking
• Serious fraud

Summary offences

Summary conviction offences are similar to misdemeanors and are considered less serious than indictable offences. They are often considered as “petty crime” and carry lighter sentences. Summary conviction trials are generally held by a judge with no jury present and the penalty is usually up to a $5,000 fine and/or six months in jail.

Examples of summary conviction offences in Ontario include:

• Causing a disturbance in a public place
• Breaching a probation order
• Soliciting prostitution

Hybrid offences

Some of the most common crimes in Ontario are hybrid offences, which are also known as dual procedure offences. Such cases can proceed as either summary or indictable convictions. The Crown prosecution can select which suits their aims best.

Generally, more serious crimes will proceed as indictments (with harsher penalties) while less serious offences may be prosecuted as summary conviction offences. However, as outlined in the following sections, summary and indictable offences carry different restrictions when it comes to their statutes of limitations, so this may be a factor in the decision.

Examples of hybrid conviction offences include:

• Simple assault
• Impaired driving
• Dangerous operation of a motor vehicle, vessel, or aircraft
• Sexual assault
• Sexual interference
• Possession of a controlled substance

When considering hybrid offences, the decision of whether to prosecute by summary or indictable conviction will depend on factors such as:

• The seriousness of the allegations
• The accused’s criminal record
• The complexity of the case
• The availability of court resources
• The profile of the case in the community
• Whether the offence falls outside the limitation period for a summary conviction.
• Any other relevant circumstances of the case

In Ontario, the statute of limitations—the time frame within which criminal charges must be laid—varies depending on the classification of the offence: summary conviction, indictable, or hybrid.

Indictable Offences: No Limitation Period

Indictable offences are the most serious criminal offences under Canadian law, encompassing crimes such as murder, aggravated assault, and major fraud. For these offences, there is no statute of limitations; charges can be brought at any time, regardless of how much time has passed since the alleged incident. This ensures that serious crimes can be prosecuted whenever sufficient evidence becomes available.

Summary Conviction Offences: 12-Month Limitation Period

Summary conviction offences are considered less serious and include acts like causing a disturbance or trespassing at night. According to Section 786(2) of the Criminal Code of Canada, charges for summary offences must be laid within 12 months of the date the offence was allegedly committed. If this period expires, the Crown is generally barred from prosecuting the offence, unless both the prosecutor and the defendant agree to proceed beyond this period.

Hybrid Offences: Dependent on Crown’s Election

Hybrid offences—also known as dual procedure offences—can be prosecuted either summarily or by indictment, at the discretion of the Crown prosecutor. The applicable statute of limitations depends on this decision:

• Proceeded Summarily: If the Crown elects to prosecute summarily, the 12-month limitation period applies.
• Proceeded by Indictment: If the Crown chooses to proceed by indictment, no limitation period applies, allowing charges to be laid at any time.

This prosecutorial discretion means that even if more than a year has passed since the alleged offence, the Crown can opt for indictment to circumvent the limitation period. Therefore, individuals should not assume that the passage of time precludes the possibility of prosecution for hybrid offences.

Understanding the nuances of limitation periods is crucial, especially for hybrid offences where the Crown’s election significantly impacts the applicable time frame for prosecution. If you are facing criminal charges or have concerns about past incidents, it’s essential to consult with an experienced criminal defence lawyer. Affordable Defence offers free and confidential consultations to help you navigate these complex legal matters.

In Canada, summary conviction offences are subject to a 12-month statute of limitations to preserve the fairness and efficiency of the criminal justice system. These time limits exist to ensure that evidence remains fresh, witnesses can accurately recall events, and the accused is not subjected to indefinite legal uncertainty.

Unlike indictable offences, which involve more serious crimes and often more extensive investigations, summary offences are considered less severe and are meant to be resolved quickly. Prolonged delays in prosecuting these offences can undermine the reliability of testimony and jeopardize the integrity of the case.

From a legal and ethical standpoint, the statute of limitations also protects individuals from the undue stress and reputational harm of facing potential prosecution for minor offences long after the alleged incident occurred.

By limiting the window for prosecution, the courts aim to balance the public interest in justice with the accused’s right to a timely and fair trial—a core principle of Canada’s legal system.

Indictable offences are the most serious criminal offences under Canadian law—such as homicide, aggravated assault, sexual assault, or major fraud—and are viewed as matters of significant public interest and legal accountability.

Because of their severity, there is no statute of limitations for indictable offences in Canada. This means that a person can be charged at any time, regardless of how many years—or even decades—have passed since the alleged crime occurred.

The Canadian justice system maintains that the passage of time should not shield individuals from prosecution for serious crimes. Public trust in the rule of law depends on the ability to hold alleged offenders accountable whenever sufficient evidence becomes available, whether immediately after the incident or much later—such as in the case of historical sexual offences or cold cases.

This approach reflects the justice system’s commitment to protecting victims, deterring serious crime, and ensuring that justice is not denied simply because time has passed.

Examples of Indictable Offences With No Statute of Limitations in Canada

In Canada, indictable offences are considered the most serious category of criminal charges. These offences do not have a statute of limitations, meaning charges can be laid at any time, regardless of how much time has passed since the alleged crime occurred.

Examples of indictable offences that carry no limitation period include:

• Murder and attempted murder
• Manslaughter
• Aggravated assault
• Kidnapping and forcible confinement
• Robbery
• Sexual assault and historical sexual offences
• Human trafficking
• Major fraud or embezzlement
• Drug trafficking and production under the Controlled Drugs and Substances Act (CDSA)
• Firearm offences involving violence or organized crime

These offences are prosecuted to the fullest extent of the law due to their serious impact on victims and public safety. In some cases, such as historical sexual assault, charges are laid decades after the alleged offence based on new evidence or survivor testimony.

If you’re being investigated or have been contacted by police about an alleged indictable offence—regardless of when the event took place—it’s essential to consult a criminal defence lawyer immediately to protect your rights.

In Canada, if the statute of limitations has expired for a criminal offence—typically 12 months for summary conviction offences—the Crown is generally barred from laying charges. This limitation is outlined in Section 786(2) of the Criminal Code and is designed to protect the accused from delayed prosecution where evidence and witness reliability may have diminished over time.

However, it’s important not to assume that an offence is time-barred. Many criminal offences in Ontario are classified as hybrid, meaning the Crown can choose to proceed either summarily (with a 12-month limitation) or by indictment, which carries no time limit. In these cases, charges can still be laid years—or even decades—after the alleged offence.

If you believe you’ve been accused of, witnessed, or been the victim of a crime that occurred over 12 months ago, it is critical to consult a criminal defence lawyer before making any assumptions. You may still face prosecution depending on how the Crown elects to proceed.

At Affordable Defence, our lawyers can assess your situation and explain your rights, obligations, and legal options during a free and confidential consultation.

While the Criminal Code of Canada does not define a specific offence called “domestic violence,” many acts that occur in domestic or family settings—such as assault, sexual assault, uttering threats, and forcible confinement—are classified as criminal offences and are prosecuted accordingly.

Whether a statute of limitations applies depends entirely on the specific offence involved. In Canada:

• Summary conviction offences (e.g., minor assaults or threats) generally have a 12-month limitation period from the date of the alleged incident.
• Indictable offences, which include more serious forms of domestic violence (e.g., aggravated assault, sexual assault, or criminal harassment), have no statute of limitations. Charges can be laid at any time—even years or decades after the alleged events.

The Crown prosecutor will also consider the nature of the relationship, the history of violence, and the impact on the victim when deciding how to proceed. In many cases, domestic violence charges are treated as hybrid offences, giving the Crown the flexibility to proceed summarily or by indictment based on the severity and circumstances.

If you’re being investigated or charged in connection with a domestic-related offence, it’s essential to seek legal advice promptly. At Affordable Defence, our experienced Ottawa criminal lawyers can assess your case and advise you on your rights and legal options. We offer free and confidential consultations to help you respond quickly and effectively.