In Canada, some crimes have a “statute of limitations” attached to them. This means that charges must be filed by the Crown prosecution within a certain timeframe after the alleged offence has been committed.
No statute of limitations applies for the most serious crimes in the Criminal Code but other offences incur strict time limits after which prosecution is not usually possible.
Anyone concerned about criminal charges being filed against them should understand these time limitations, the exceptions, and the consequences if charges are filed.
Statute of limitations: Legal definition and purpose
According to Canadian criminal law, a “statute of limitations” refers to the legal time limit within which the government must initiate a prosecution for certain types of offences.
The main purpose of imposing these time limits is to protect individuals from indefinite legal jeopardy for minor offences and to encourage the timely prosecution of crimes while evidence is still fresh.
What is the statute of limitations for different offences in Canada?
In Canada, offences are separated according to how serious they are: Summary offences are the least serious, while indictable offences are the most serious.
Many criminal offences are considered “hybrid” or “dual procedure” offences. This means that the prosecution can elect to proceed summarily or by indictment, according to the circumstances of the alleged crime, the criminal history of the alleged offender, and other factors.
Limitation period for summary conviction offences
Summary offences are punishable by up to two years less a day in jail and/or fines up to $5,000. Cases are tried before a judge in provincial court, without a jury.
Under the Criminal Code, a 12-month limitation period is now imposed for summary offences (recently amended from six months). Section 786(2) of the Criminal Code states the following:
“No proceedings shall be instituted more than 12 months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.”
Generally speaking, if the prosecution does not bring charges against the defendant within the specified period, it forever loses the right to do so.
Some examples of summary offences in Canada include:
- Causing a Disturbance
- Trespassing at Night
- Indecent Acts
- Harassing Communications
- Public Nudity
- Simple Assault
Many other “hybrid” offences are often prosecuted as summary offences, which also incur the 12-month statute of limitations. Examples include:
- DUI/Impaired driving
- Assault
- Theft Under $5,000
- Fraud Under $5,000
Limitation period for indictable offences
The most serious offences in Canada proceed by indictment, with cases either tried in Provincial Court or Superior Court with a judge alone or in Superior Court with a judge and jury.
These offences can result in mandatory minimum prison sentences, with maximum penalties up to life imprisonment for murder, kidnapping, etc.
Importantly, there is no statute of limitations applied to such offences, meaning that they can be prosecuted at any time after the alleged offence occurred. This allows the prosecution plenty of time to build their case.
Having no statute of limitations also allows many “cold” cases to be solved years after the offence and for cases of historical sexual abuse to be prosecuted. A well-known example is the case of Canadian Junior hockey coach Graham James, who was convicted of his sexual abuse crimes decades after they occurred.
Besides murder, kidnapping, and sexual abuse, the following offences are indictable in Canada, amongst others:
- Aggravated assault
- Robbery
- Break and enter
- Fraud over $5,000
- Arson
- Treason
- Certain firearms offences
Exceptions and special considerations
Some federal statutes (e.g., regulatory or administrative laws) and provincial statutes may specify a longer limitation period than 12 months for summary offences.
One typical example is tax-related offences, which follow special rules under the Income Tax Act (ITA), Excise Tax Act (ETA), and similar legislation. Tax-related crimes may be prosecuted more than one year after the offence occurred—in fact, up to six years after the offence.
Often, these types of crimes are not discovered until later and require long investigations before charges are filed, extending the limitation period.
How do statutes of limitations work in practice in Canada?
In practice, anyone with information on a crime can contact the police at any time afterward, even if the crime occurred years ago.
If a crime is serious enough, it will generally be in the public interest to investigate and, if enough evidence is available for a conviction to be sought, charges will be filed. For serious “hybrid” crimes and straight indictable offences, the alleged perpetrator will likely face criminal charges, regardless of when the crime occurred.
Seek legal advice if accused of a crime in Canada
Anyone accused of a crime in Canada should seek legal advice at the earliest opportunity. Your criminal defence lawyer will be able to assess the likelihood of charges being filed and, if a criminal case proceeds, examine the evidence and start building a defence.
If there is a statute of limitations associated with the offence, your lawyer can inform you of where you stand legally and protect your rights during the case’s passage through the criminal justice system.
Even if you admit to committing a crime but the statute of limitations has expired for that offence, the prosecution cannot pursue charges against you. For more serious crimes, however, this will not apply.
Call us to arrange a confidential consultation
To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.
