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Being charged with a crime in Canada is a serious matter. However, there are various classifications that can affect the severity of penalties a person may face. One of these classifications is whether an offence is designated as absolute liability, strict liability, or mens rea. These categories dictate whether the courts believe criminal intent was present.

What Are Canada’s Three Standards of Liability for Offences?

While criminal intent is a significant element of an offence in Canada, it is not the only consideration. The standard of liability under which an act falls will also dictate the defences that the accused can employ to prove their innocence.

What Is Absolute Liability?

An absolute liability violation is a standard of liability where the Crown Attorney is not required to prove that a person had criminal intent. They need only prove that an act happened beyond a reasonable doubt. The defendant is not entitled to a defence of necessity, accident, or due diligence.

This may sound like the deck is stacked against a defendant, but the one positive aspect of these charges is that jail time is not a possibility. Heavy fines are possible.

What Is Strict Liability?

Strict liability violations also do not require that the Crown Attorney prove criminal intent. It’s enough to simply show the courts beyond a reasonable doubt that an act occurred. However, the defendant is entitled to defences such as mistake of fact and due diligence.

While having additional defence options is good, strict liability crimes can result in fines and jail time.

What Is Full Mens Rea?

When the Crown Attorney can prove criminal intent, the mens rea element is established, hence the accused may face a conviction. This means that a person had intent, knowledge, or engaged in reckless acts. Proving intent can be done by meeting evidentiary standards.

When mens rea is proven, the penalties can be severe. Many people are serving life in prison because the courts believed criminal intent was present during their alleged crimes.

What Are Examples of Different Types of Crime in Canada?

The difference between absolute liability, strict liability, and mens rea in Canada may seem complicated to those outside of the legal field. The following examples provide some insight into the types of crimes that may fall under each liability standard:

• Absolute liability crimes
  • Failing to stop at a stop sign
  • No valid insurance card
  • Dumping industrial waste
  • Employers failing to provide required safety equipment
• Strict liability crimes
  • Careless driving
  • Selling food deceptively
  • Emitting certain contaminants
  • Misleading advertising
• Mens rea crimes
  • Embezzlement
  • Lying to a police officer
  • Misleading information on tax forms
  • Murder

What If You’re Charged With a Crime?

A lack of criminal intent is often a mitigating factor when it comes to charges laid in court. However, this lack of intent does not mean you won’t face serious consequences. In fact, defendants can end up in prison even if they never intended to commit a crime.

As such, your first step should be to remain silent. You don’t have to speak to the police. In many instances, you may admit to an absolute or strict liability crime while trying to explain that you had no criminal intent. Instead, you should immediately contact a criminal defence lawyer.

It is no secret that theft is considered a serious crime. In fact, prison sentences of up to 10 years are possible even for a first offence. However, did you know that possession of stolen property is often treated just as seriously under the law? You may have never stolen anything in your life, but a conviction of theft by possession can still lead to a criminal record.

Here’s what you need to know about this charge and how it can affect those accused of theft. If you have additional questions or need legal representation, contact our law firm to speak with a theft lawyer in Toronto today.

What’s the Legal Definition of Possession of Stolen Property?

Possessing stolen property is a hybrid offence under the law. This means it can be charged by indictment or summary conviction. The crime itself is defined as possessing any property or the proceeds of property “knowing that all or a part of the property” was obtained via an indictable offence.

Because theft is an indictable offence, possessing an item that was procured through theft is a crime. This can happen if you buy a stolen Rolex from a street vendor, pay an online marketplace seller for a television they stole, or even if a friend gives you a gift that they shoplifted from your favourite boutique.

What Needs to Be Proven in a Possession of Stolen Property Case?

To secure a conviction, the Crown must prove several key elements beyond a reasonable doubt:

• That you were in possession of the property

• That the property was obtained through a criminal act

• That you knew the property was stolen

• That you were aware you were in possession of the item

This is where many defences begin. A successful argument might show that you were unaware the item was stolen or had no intent to commit a crime — a legal concept known as mens rea, or “guilty mind.” For instance, if you unknowingly purchased a stolen item at a resale store, you may not be criminally liable if there was no reason to suspect it was stolen.

Do You Have to Know That Property Was Stolen?

While Canadian law defines possession of stolen property as only occurring when the defendant knows that the property was stolen, actual knowledge of a crime is not required. The Crown Attorney only needs to prove that you acted recklessly or were “wilfully blind” when you obtained the item.

For instance, think back to the stolen Rolex we mentioned earlier. If the street vendor is trying to sell it to you for $500 — even though it retails for closer to $7,000 — the deal may seem too good to be true. This could be a person’s downfall. The prosecutor could argue that the defendant ignored obvious signs that the watch was likely stolen.

What Are the Legal Penalties for Possessing Stolen Property in Canada?

While it may seem unfair, someone charged with possessing stolen property can face the same penalties as the individual who stole the item. If the value of the item is less than $5,000, the crime is punishable by two years if charged as an indictment.

Even if the Crown Attorney opts for summary conviction, you could be imprisoned for six months. If the item is worth more than $5,000, you could face up to 10 years in prison. Clearly, the stakes are extremely high.

Anyone charged with such a crime should seek legal assistance immediately.

The criminal justice system can be complex and stressful to deal with. There are times when evidence is clear, and convictions are simple. However, there are also instances where the Crown feels the threat of crime may exist or that they cannot prove that someone committed a crime. In such cases, a peace bond might be issued. What is a peace bond? It’s an intricate area of the law.

What Is a Peace Bond Under the Law?

A peace bond is a court order issued under section 810 of the Criminal Code to prevent potential harm before a crime is committed. It’s not a finding of guilt — rather, it’s used when someone reasonably fears that another person may cause them, their family, or their property harm. The court may impose various conditions the defendant must follow for up to 12 months.

These conditions may include:

• Keeping the peace and demonstrating good behaviour

• Avoiding contact with specific individuals

• Not visiting certain locations

• No alcohol or non-prescription drug use

• Surrendering weapons

• Paying a cash surety to the Court

Although a peace bond is not a criminal conviction, violating it is a criminal offence and can result in serious penalties.

Either a Justice of the Peace or a judge from a criminal court can issue these orders. They effectively act as a combination of probation conditions and restraining orders — even though a criminal charge or conviction may not occur. A peace bond can prove beneficial to those it targets since it can help them avoid a potential trial.

If you’re facing such a bond or wondering how it works, the wealth of information online may seem overwhelming. The following guide will provide the essential knowledge you need along with how it may affect your situation.

When Is a Peace Bond Issued?

In many instances, a peace bond is issued when criminal charges have been brought against someone. The Crown Attorney may feel that a conviction is unlikely, so rather than prosecution, they can ask the defendant to sign a peace bond to avoid trial and have charges withdrawn. If they breach this bond, though, they can be charged with a separate criminal offence.

A peace bond can also be issued if no arrest or criminal charges are levied at all. Someone can request that a bond be issued if they feel that they, their spouse, their children, or their property are in danger. A peace bond can be issued when the courts believe that a crime is likely to be committed. As such, these bonds require a lower standard of proof than criminal charges.

What Happens If a Peace Bond Is Violated?

If a person is charged with a new crime or fails to follow the conditions of their peace bond, they can face criminal charges. This is disheartening when it occurs — because the peace bond itself would not show up on most criminal record background checks. A conviction for violating the court order, however, will come up in most cases.

Anyone convicted of a breach of peace bond can be fined up to $5,000, face three years of probation, and even be incarcerated for two years. These punitive measures are in addition to any other penalties related to new crimes and charges. This is why anyone facing a peace bond or charged with violating one should seek immediate legal counsel from a Toronto criminal defence attorney at our firm.

Being charged with a crime is a scary experience. You could face time in jail, and the consequences can affect countless aspects of your life. Even without jail time, though, penalties can be stiff. One potential sentence that a person may receive is a discharge. However, this can be a positive outcome. So, what effect does a discharge have on your criminal record?

Having a conviction discharged is relatively straightforward, but complications can arise. Plus, there’s no guarantee you’ll be eligible for such a discharge. This is why you should speak with a defence lawyer when you have questions. In the meantime, here’s what you need to know about discharges on your criminal record.

What Is a Discharge?

For certain crimes, a discharge is a possible sentence. This occurs when there is a plea or finding of guilty — but no conviction occurs. These are among the most lenient sentences that anyone can receive after being found guilty. Since there is no conviction recorded, nothing goes onto the defendant’s criminal record.

There are two types of discharges: absolute and conditional. An absolute discharge has no requirements or strings attached. It’s the lowest possible criminal penalty in our system. A conditional discharge is similar — also resulting in no criminal record — but a conviction will be recorded if the accused fails to comply with the conditions of their probation.

How Long Will a Discharge Stay on Your Record?

While discharges are not criminal convictions, they don’t disappear from your record immediately. An absolute discharge will typically show up on criminal background checks for one year from the date of sentencing.

A conditional discharge will appear for three years. These timelines apply under the Youth Criminal Justice Act as well, with records being destroyed after the same respective periods. However, even after these timelines, certain enhanced background checks — like vulnerable sector searches — may still show that a discharge was granted.

To completely eliminate all traces, you may need to apply for a record suspension (pardon).

Are Any Crimes Not Eligible for Discharge?

Individuals who are convicted of crimes often ask why they were not given a discharge. Put simply, the courts are not required to offer an absolute or conditional discharge to anyone found guilty of a crime. However, there are also a variety of criminal charges that disqualify defendants from even being considered.

If a person is found guilty of a crime that carries a minimum sentence — or is punishable by 14 or more years in prison — they are not eligible for discharge. However, it is possible to seek a record suspension in some of these situations. This is why having legal representation can be invaluable regardless of where you are in the system.

Toronto has seen increasing rates of certain violent crimes in recent years. However, not all criminal allegations are the kind that make the nightly news. In many cases, assault charges involve friends, acquaintances, and loved ones. In such circumstances, an alleged victim of an assault may change their mind and not want to press charges. So, is this allowed?

Obviously, there are many other instances when accusers may decide they don’t want to press charges. In any of these cases, though, the law dictates how the criminal justice system moves forward. Here’s what you need to know.

Can Alleged Assault Victims Have Charges Dropped?

In many instances of assault, police have discretion over whether to make an arrest. If two individuals engage in mutual combat, neither may want to press charges. In such a case, officers may not make an arrest at all. When someone is taken into custody and formally charged, however, the decision to rescind these charges does not fall to the alleged victim.

When police lay charges against an individual, the decision to prosecute belongs entirely to the Crown Attorney. Even if the alleged victim completely recants their initial statement, the prosecutor can still opt to move forward with charges. Their job can become more difficult without a cooperating witness, but a conviction is far from impossible.

Can Domestic Assault Victims Refuse to Press Charges?

When police respond to an assault call, the parties involved may wish to not have charges filed. In many cases, officers can use their discretion to acquiesce. However, this is not the case when they have reasonable suspicion that domestic violence (DV) has occurred. This can occur between those involved in romantic relationships, individuals living together, or family members.

In cases where domestic assault charges are levied, there’s a solid chance that the Crown Attorney may move forward even without a cooperating witness. The news frequently covers stories of intimate partner murders that followed previous repeated incidents of violence. This often occurs when DV victims recant their statements and don’t cooperate.

If someone is charged with domestic assault in Toronto, they’ll likely face difficulties regardless of whether an alleged victim changes their mind.

When Might a Prosecutor Drop Charges?

While an alleged victim cannot directly drop charges, there are situations where the Crown Attorney may decide not to proceed. This often happens when the victim recants their statement—especially if it’s clear they no longer want the statement used against the accused or express regret about their involvement in the case. It’s important to note, however, that recanting a statement is a serious matter.

Admitting the original statement was false could lead to criminal consequences like perjury or making a false report. That’s why victims who wish to recant should seek independent legal advice—not from the same lawyer representing the accused. In some cases, working with victim services may be a better route to ensure your voice is heard without undermining your credibility. Ultimately, if the Crown doesn’t believe a conviction is likely—due to a lack of cooperation or concerns about witness reliability—they may choose to withdraw the charge.

Put simply, the Crown Attorney will typically not move forward with criminal charges if they don’t reasonably believe that they can secure a conviction. At times, this can be because an alleged assault victim changed their mind and wants charges dropped. Regardless of the underlying situation, anyone facing allegations of a crime of violence should seek legal counsel from our Toronto criminal defence lawyers.

Understanding the Legal Definition of Pepper Spray in Canada

Pepper spray is classified as a prohibited weapon under the Canadian Criminal Code. This includes any substance—like tear gas, Mace®, or oleoresin capsicum (OC)—that can injure, immobilize, or incapacitate a person. Because of this classification, carrying pepper spray for personal protection is not legal in Canada. Even possessing it without the proper authorization can result in serious criminal charges, including up to 10 years in prison or fines up to $5,000.

Canada’s strict gun laws are a running joke to many of our neighbours south of the border. Just because a person cannot typically carry a gun for self-defence, though, does it mean they have no options to protect themselves? For instance, is pepper spray legal in Canada? Unfortunately, you may be out of luck if you’re considering carrying Mace® or other sprays as self-defence.

What Are Criminal Penalties for Possessing Pepper Spray?

Anyone arrested for carrying pepper spray can face prison time. There are a variety of crimes that a person may be charged with. These include hybrid offences — such as unauthorized possession of a prohibited weapon — and indictable offences like importing a prohibited weapon, which includes pepper spray.

However, there are also instances where the Crown Attorney may choose to prosecute summarily. The prosecutor’s approach will have a significant effect on potential penalties for carrying pepper spray. However, prison sentences can range up to 10 years in some cases. This is why you should seek legal counsel if you’re facing charges.

Are There Alternatives to Pepper Spray?

Once people learn that pepper spray is illegal, they often wonder whether there are legal self-defence alternatives. After all, an attacker doesn’t need to be armed to cause injury or death. So, are there alternatives to pepper spray for self-defence?

This is a complex question, and its full answer will often only come after someone is charged with an offence. That’s because items such as fixed-blade knives, bear mace, and batons are legal to carry, but the law states that their use cannot be intended to harm others.

Unfortunately, the criminal code is intentionally vague in this area to give police, prosecutors, and the courts more discretion. Put simply, carrying any self-defence weapon could result in charges. However, a good lawyer may be able to help you avoid conviction.

What If You’re Arrested With Pepper Spray?

If you’re arrested with pepper spray, the weapon will first be confiscated. It’s also likely that you’ll be taken into custody. However, you might be entitled to bail depending on the circumstances of your situation. This means you may not have to stay in jail while awaiting prosecution.

After being arrested for carrying pepper spray — or any prohibited weapon — keep in mind that you don’t have to speak to the police. Doing so may hinder your defence. If you’ve been charged with a weapons offence or have questions about what’s legal to carry, contact our office to speak with a knowledgeable criminal defence lawyer.