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Frequently Asked Questions
Every question answered across this site, in one place. Search or browse 190 answers on criminal charges, the court process, records and family law. Each takes you to the answer in context.
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Driving Offences
- Is careless driving a criminal offence?
- How many demerit points is careless driving?
- Can you get careless driving in a parking lot?
- What is the difference between careless and dangerous driving?
- Is there a time limit on laying a careless driving charge?
- Can you be charged with both impaired driving and over 80?
- Is refusing a breath sample better than failing it?
- What is a reasonable excuse for refusing?
- Does the two-hour rule mean drinking after driving is a defence?
- Will a first over-80 conviction mean jail?
Charges and Allegations
- What happens if you breach your bail conditions?
- Is breaching probation a criminal offence?
- Can the complainant give you permission to contact them?
- What counts as a reasonable excuse for a breach?
- Can bail conditions be changed?
- Is an appeal a new trial?
- How long do you have to file a criminal appeal in Ontario?
- Where does a summary conviction appeal go?
- What happens if you win a conviction appeal?
- Can a legal error still result in the appeal being dismissed?
- Is stalking a crime in Canada?
- Can you be charged for texting someone too much?
- Does criminal harassment require a threat?
- Is tracking someone's location criminal harassment?
- What is the sentence for criminal harassment?
- Is domestic mischief a separate offence?
- Can you be charged for breaking your own property?
- What conditions come with a domestic mischief charge?
- Can my partner drop a domestic mischief charge?
- Will a domestic mischief charge give you a criminal record?
- Is murder the same as homicide?
- Can a murder charge be reduced to manslaughter?
- Does a life sentence mean life in prison?
- Can you get bail on a murder charge in Ontario?
- What is the difference between first and second degree murder?
- Is public urination an indecent act?
- What is the difference between section 173(1) and 173(2)?
- Does an indecent act charge require someone to have seen it?
- Is consent a defence to exposure to a minor?
- Will an indecent act conviction put you on the sex offender registry?
- What is the difference between murder and manslaughter?
- Is there a minimum sentence for manslaughter in Canada?
- Can manslaughter carry a life sentence?
- What is unlawful act manslaughter?
- Is criminal negligence causing death the same as manslaughter?
- Is a peace bond a criminal conviction?
- How long does a peace bond last?
- Will a peace bond show up on a background check?
- What happens if you refuse to enter into a peace bond?
- What is the difference between a peace bond and a restraining order?
- Is a pardon the same as a record suspension?
- How long after a conviction can you apply?
- Does a record suspension let you travel to the United States?
- Can a record suspension be taken away?
- Do you need a record suspension after a discharge?
- Is robbery the same as theft?
- Can you be convicted of robbery if nothing was taken?
- Does a fake gun count in a robbery charge?
- Is there a mandatory minimum for robbery?
- Can a shoplifting charge become robbery?
- What is the age of consent in Canada?
- Is there a mandatory minimum for sexual interference?
- Is consent a defence to sexual interference?
- What is the difference between sexual interference and sexual assault?
- Can you be charged for something alleged years ago?
- Do you have to pay money to be a surety?
- Can you be paid to act as a surety?
- What happens if the person you bailed out breaches?
- Can you stop being a surety?
- Does a surety need to own property or have savings?
- Is it uttering threats if you did not mean it?
- Can you be charged for a threat sent by text?
- Does the person have to hear the threat directly?
- Can the complainant drop an uttering threats charge?
- What is the maximum sentence for uttering threats?
- Is taking a photo of someone in public voyeurism?
- Does voyeurism require nudity?
- What is the sentence for voyeurism in Canada?
- Is sharing a voyeuristic recording a separate offence?
- Does voyeurism put you on the sex offender registry?
- Is there still a mandatory minimum for possession of a loaded restricted firearm?
- Can you be convicted if the gun was not yours?
- What is the difference between section 91 and section 92?
- Does an imitation firearm count?
- Will a conviction mean losing your firearms licence?
- What age is someone tried as a youth in Canada?
- Can a young person's name be published?
- Does a youth record disappear at eighteen?
- What are extrajudicial measures?
- Can a young person get an adult sentence?
How the Process Works
- What is the principle of restraint in bail?
- What does a reverse onus mean at a bail hearing?
- What are the three grounds for detention?
- Does the principle of restraint mean you will get bail?
- Has bail law become stricter or more lenient?
- Can you ignore a subpoena in Canada?
- Does being subpoenaed mean you are in trouble?
- Do you have to answer every question as a witness?
- Can you leave court after you have testified?
- What if you cannot attend on the date?
- Do you have to talk to police in Canada?
- When does the right to a lawyer start?
- Can police keep questioning you after you ask for a lawyer?
- Should you take a polygraph?
- Can you get a lawyer before being charged?
- What is section 8 of the Charter?
- Are police allowed to search without a warrant?
- What makes a search reasonable?
- Does a Charter breach mean the charge is dropped?
- Can you refuse to consent to a search?
- What is the maximum sentence actually used for?
- What is the difference between an absolute and a conditional discharge?
- Can you avoid a criminal record after being found guilty?
- What is a conditional sentence?
- Does pleading guilty get you a lighter sentence?
- What are the three types of criminal offences in Canada?
- What is the maximum sentence for a summary conviction offence?
- Is there a time limit for laying criminal charges in Canada?
- What is a hybrid offence?
- Who decides whether a case goes to a jury?
- Do arrest warrants expire in Canada?
- What happens if you miss your court date?
- Should you turn yourself in on a warrant?
- Can you find out if you have a warrant?
- Will a warrant show up at the border?
The Law by Section
- What is the legal age of consent in Canada?
- What is the close-in-age exception?
- Do the close-in-age exceptions always apply?
- Is it a defence that you did not know their age?
- Is there any exception for a complainant under 12?
- Can you be charged with assault without touching anyone?
- Does assault require an injury?
- What is the maximum sentence for assault under section 266?
- Is consent always a defence to assault?
- What is the difference between assault and aggravated assault?
- What is the maximum sentence for sexual assault in Canada?
- How does the Criminal Code define consent?
- Can consent be given in advance?
- Is being drunk a defence to sexual assault?
- Does silence count as consent?
- Is dangerous driving a criminal offence?
- What is the test for dangerous driving?
- Can you be charged with dangerous driving without an accident?
- What is the sentence for dangerous driving causing death?
- Does dangerous driving apply to boats?
- How many offences does section 320.14 create?
- What does 'impaired to any degree' mean?
- What is the two-hour rule in impaired driving?
- What is the minimum penalty for a first impaired driving offence?
- When can police demand a breath sample?
- Is self-defence legal in Canada?
- Does self-defence have to be proportionate?
- Can you use self-defence to protect another person?
- Who has to prove self-defence?
- Can you defend your property with force?
Records and Consequences
- What does CPIC stand for?
- Can you look yourself up on CPIC?
- Does CPIC show bail conditions?
- Do withdrawn charges appear on CPIC?
- Can US border officers see a Canadian criminal record?
- Does a withdrawn charge show on a criminal record check?
- How long does a summary conviction stay on a record check in Ontario?
- Does a conditional discharge give you a criminal record?
- What is the difference between the three record checks?
- How do you get a criminal record removed?
- Is the sex offender registry automatic on conviction in Canada?
- How do you get exempted from SOIRA registration?
- Is the Canadian sex offender registry public?
- How long does a SOIRA order last?
- What happens if you fail to report?
- What is the warn range in Ontario?
- How long is a warn range suspension?
- Is a warn range suspension a criminal charge?
- Can you ask for a second breath test in the warn range?
- What happens if you blow over 80 instead?
Family Law
- What is the biggest mistake people make during a divorce?
- What should you avoid doing during a separation?
- What should you avoid doing after a divorce?
- What should you do immediately after a divorce is granted?
- How do you make a fresh start after a divorce?
- Does a separation agreement have to be in writing?
- Do both people need their own lawyer?
- Can a separation agreement be overturned?
- Can you agree on parenting in a way the court must follow?
- Do you need a separation agreement to get divorced?
- Is spousal support automatic after separation?
- Do common-law partners get spousal support in Ontario?
- Are the Spousal Support Advisory Guidelines binding?
- Can spousal support be changed later?
- Can you waive spousal support in a separation agreement?