Criminal Law FAQ

Question 1

What happens after I am charged with impaired driving in Ontario?

Accepted Answer

After being charged, you will typically be released with conditions and given a court date. You should contact a criminal defence lawyer as soon as possible. At your first court appearance, your lawyer can obtain disclosure — the evidence the Crown intends to rely on. The case then proceeds through Crown pre-trial, judicial pre-trial, and ultimately resolution or trial. The specific process depends on the court and the nature of the charge.

Question 2

What is the difference between impaired driving and Over 80?

Accepted Answer

Impaired driving (impaired operation) means your ability to drive was impaired by alcohol or a drug. Over 80 means your blood alcohol concentration exceeded 80 milligrams per 100 millilitres of blood at the time of driving. These are separate offences and both can be charged at the same time. You can be convicted of Over 80 even if your driving appeared normal, and you can be convicted of impaired driving even if your BAC was under 80.

Question 3

Can an assault charge be withdrawn?

Accepted Answer

In some cases, yes. The Crown has discretion to withdraw charges, and in appropriate circumstances — such as where the evidence is weak, the complainant does not wish to proceed, or a peace bond is agreed to — charges may be withdrawn. However, the decision belongs to the Crown, not the complainant. The complainant cannot simply "drop" the charges. Whether withdrawal is possible depends heavily on the specific facts of your case.

Question 4

What is a peace bond?

Accepted Answer

A peace bond is a court order under section 810 of the Criminal Code. By entering into a peace bond, you agree to keep the peace and comply with specified conditions (such as no contact with a particular person) for a set period, typically 12 months. A peace bond is not a criminal conviction. In appropriate cases, the Crown may agree to withdraw criminal charges in exchange for a peace bond, meaning no criminal record.

Question 5

What happens at my first court appearance?

Accepted Answer

At your first court appearance (often called a "first appearance" or "set date"), you will typically confirm your identity and indicate whether you have a lawyer. The case will be adjourned to allow your lawyer to obtain and review disclosure. You are not expected to enter a plea at your first appearance. Your lawyer can often attend on your behalf so you do not need to take time off work.

Question 6

Does my lawyer attend court for me?

Accepted Answer

For many routine court appearances — such as set dates, Crown pre-trials, and judicial pre-trials — your lawyer can attend on your behalf without you being present. However, there are appearances where your presence is required, such as your arraignment (when you enter a plea) and trial. Your lawyer will advise you which appearances require you to attend.

Question 7

Can bail conditions be changed?

Accepted Answer

Yes. If your bail conditions are overly restrictive or circumstances have changed, you can apply to vary them. This requires a court application. Common requests include removing a no-contact condition, modifying a curfew, or obtaining permission to travel. Your lawyer can advise whether a variation application is appropriate in your situation.

Question 8

What happens if I breach an undertaking or release order?

Accepted Answer

Breaching a condition of your release — such as a no-contact order or curfew — is a separate criminal offence. You can be arrested and held for a new bail hearing. A breach charge can also affect your bail status on the underlying matter. If you have been charged with a breach, contact a lawyer immediately.

Question 9

Can I travel while criminal charges are pending?

Accepted Answer

It depends on your bail conditions. Many release orders include a condition not to leave the province or not to leave Canada. If you need to travel, you can apply to vary your bail conditions to permit travel. You should also be aware that a pending criminal charge may affect your ability to enter other countries, including the United States.

Question 10

Can a criminal charge affect immigration status?

Accepted Answer

Yes. A criminal conviction — and in some cases even a pending charge — can have serious immigration consequences, including inadmissibility to Canada, removal proceedings, or difficulty obtaining permanent residence or citizenship. If you are not a Canadian citizen and are facing criminal charges, it is important to obtain legal advice about the potential immigration implications as early as possible.

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