Although Canadians may be familiar with the American Statute of Limitations commonly discussed in American legal and police dramas, no such statute exists in Canada. However, Section 786(2) of the Criminal Code of Canada does set a limitation period for the prosecution of some offences.
Specifically, charges arising from crimes punishable by summary conviction must be brought within twelve months from the date of the alleged crime. Summary conviction offences are offences which are generally seen as less serious in nature and subject to less severe punishment upon conviction. Examples of summary conviction offences include causing a disturbance, breach of a non-publication order and contempt of court.
On the other end of the spectrum, offences punishable by indictment are not subject to any form of limitation period and can be prosecuted even decades after the alleged criminal conduct in question occurs. These crimes are the crimes that are generally considered the most severe, including murder.
The most complex situation arises in relation to hybrid offences. Hybrid offences are crimes for which the Crown can elect to prosecute the accused for the alleged criminal conduct either summarily or by indictment, depending on the severity of the specific circumstances. For example, sexual assault can include everything from an unwanted grope on a dance floor to non-consensual penetrative sexual intercourse. While both situations are rightly condemned by the law, their differing degrees of severity are not lost on the legal system.
For hybrid offences, if the Crown elects to prosecute the accused by indictment, then there will be no limitation period. However, if the Crown elects to prosecute the accused by summary conviction, section 786(2) of the Criminal Code will apply, and the limitation period will be twelve months from the date of the alleged crime.
Being charged with a crime of any kind is a daunting experience, but you don’t have to face it alone. At Collett Read LLP, we are dedicated to providing compassionate and effective legal representation to individuals facing criminal charges in Ontario. If you have been charged with a criminal offence, don’t hesitate to contact us at (905) 541-2228 or fill out a form for a confidential consultation. We’re here to help you protect your rights and reputation every step of the way.
