In Canada, for less serious crimes that are punishable by summary conviction, the police must charge you within 6 months of the date of your offence. Most crimes can be prosecuted either summarily or by way of indictment. There is no statute of limitations for indictable offences.
The decision of whether a crime is a summary offence or indictable offence is either described by the Criminal Code of Canada or decided by the crown prosecuting the case. If an offence falls outside the 6 months, unless it is a straight summary offence (rare) the crown can simply decide to proceed by way of indictment. They will often ask the accused if they are willing to agree to it proceeding summarily even if it has been more than 6 months as summary offences come with lesser maximum sentences, so it is likely in the accused interest to agree.
However, if they do charge you, you have a constitutional right to be tried within a reasonable time. A “reasonable” time between the charge and the trial is 18 months in a Provincial court, or 30 months in Superior Court.
Whether you are charged or not, you should always consult a lawyer about your situation. Our Hamilton Criminal Lawyers are available 24/7 to advise you going forward.
Tom bowden
August 21, 2023 at 10:46 pm
I live in new glasgow Nova Scotia and the cops called me today and wanting me to meet with them tomorrow to charge me with a offence that is a 1year and one month old but can’t prove of me driving this vehicle can they charge u after 1 year 1 month with no evidence
Collett Read LLP
September 18, 2023 at 4:13 pm
If the police have charged you with an offence, they likely have some evidence that you committed the offence. This does not necessarily mean they have enough evidence to convict you at trial. Speak to a lawyer who can help you assess the strength of the Crown’s evidence against you and possible next steps.
For certain types of offences you must be charged within 12 months. A lawyer can also help you figure out if this limitation applies in your case.
Kemar
November 5, 2023 at 5:39 pm
My girl friend and I is under investigation by the police. for our daughter getting hurt and was taken away by children’s aid society. It’s almost three months now and they have taken our personal cell phones we haven’t heard anything since. What can we do we are not being charged are anything
Collett Read LLP
November 8, 2023 at 10:57 am
The investigation is likely still ongoing. You may contact the police and inquire as to the status of the investigation, although they may not be helpful. If criminal charges are laid, contact us at (905) 541-2228.
Maurice
December 2, 2023 at 2:02 am
I was interviewed by the police 35 years ago and confessed to an indictable crime as a teenager. They told me they were not going to pursue charges. I haven’t heard anything from them since and now 35 years later I received a call from the police wanting to speak with me about the matter again. Can they really bring charges now after so many years? It is not like they needed more evidence, I confessed. Doesn’t section 11 of the charter apply to this time of situation?
Collett Read LLP
December 18, 2023 at 1:15 pm
Section 11(b) of the Charter only applies when you are actually charged with an offence. Depending on the offence, there may or may not be a statute of limitations on bringing charges against you. If you have been charged with a criminal offence, contact our office as soon as possible at (905) 541-2228.