Criminal Law Center – Ontario
Criminal law in Ontario concerns the system of legal rules that define what conduct is classified as a crime and how the government may prosecute individuals who commit crimes. Both federal and provincial governments in Canada have criminal codes that define specific crimes and the punishments that criminals may face. Those who violate these laws may face fines, probation, or incarceration. Criminal prosecutions are initiated by Crown Attorneys who represent the government in enforcing the law.
A crime is any act or omission of an act that violates a law. Most crimes in Ontario are defined by the Criminal Code of Canada, and they vary across different provinces and municipalities. The Criminal Code provides an overview of the most common types of crimes, while federal and provincial statutes address specific offenses. For a list of crimes in Ontario, it is best to consult the Criminal Code of Canada and Ontario’s provincial statutes.
Crimes can be broadly classified as either indictable offenses or summary conviction offenses:
- Indictable offenses are serious crimes, such as murder, sexual assault, or robbery, and are usually punishable by imprisonment for a term of more than two years.
- Summary conviction offenses are less serious crimes, such as petty theft or public mischief, and are punishable by less than two years in prison or fines.
Prosecution of Crimes in Ontario
For a criminal conviction, the prosecutor (Crown Attorney) must prove two key elements: actus reus (the physical act) and mens rea (the mental intent). For example, in the crime of theft, the defendant must have physically taken the property (actus reus) and intended to permanently deprive the owner of the property (mens rea).
A conviction requires that the prosecution prove the crime beyond a reasonable doubt. The accused has the right to a fair trial, and the Crown must respect constitutional rights during the prosecution.
In Ontario, individuals accused of crimes have certain Charter Rights under the Canadian Charter of Rights and Freedoms. These rights include protection from unlawful search and seizure, the right to remain silent (protection from self-incrimination), and the right to legal counsel. The Canadian Charter of Rights and Freedoms is the supreme law that ensures protections for individuals involved in criminal proceedings.
- Section 10: Right to be informed of reasons for arrest, right to counsel.
- Section 11: Right to be tried within a reasonable time, right to an attorney, right to a fair trial.
- Section 7: Protection against deprivation of liberty except in accordance with the principles of fundamental justice.
Criminal Defenses in Ontario
There are several defenses that an accused individual may raise to contest criminal charges, including:
- Self-Defense: The defendant can argue that they used force to protect themselves or others from harm.
- Insanity Defense: If the defendant was not mentally fit to understand the nature of their actions, they may raise an insanity defense.
- Mistake of Fact: If the defendant genuinely believed they were not committing a crime due to a misunderstanding of the facts, they may claim this defense.
- Alibi: The defendant may present evidence that they were not at the scene of the crime.
Charter Rights and Criminal Procedure
In Ontario, police and law enforcement must follow strict procedures when conducting investigations and making arrests. Violations of an individual’s constitutional rights, such as improper searches, seizures, or failure to inform the accused of their rights (e.g., Miranda rights), can lead to the exclusion of evidence or the dismissal of charges.
For example:
- Search and Seizure: Police must have reasonable grounds to search an individual or their property. If the search is illegal, any evidence found may be inadmissible in court.
- Right to Counsel: Individuals must be informed of their right to speak to a lawyer before being questioned by the police.
- Right to Silence: The accused has the right not to testify, and anything they say may be used against them in court.
Last reviewed: October 2024