Criminal Procedure in Canada: 21 Exam-Safe Rules

You're in "6 mins left in chapter" mode—so this post is built like a clean checklist you can trust. It takes your notes, fact-checks them, and presents them as an exam-ready guide focused on criminal procedure in Canada, including summary procedure and quasi-criminal law.

Quick disclaimer: This is legal information for learning and publishing—not legal advice for a specific case.

📌 Criminal procedure in Canada: summary + quasi-criminal in one view

In Canada, offences and procedures usually fall into four practical buckets:

• Indictable offences (more serious, more formal procedure)
• Summary conviction offences (faster process, lower maximum penalties in most cases)
• Hybrid offences (the Crown chooses indictable or summary route)
• Provincial/quasi-criminal offences (e.g., provincial statutes enforced through ticketing/summons processes)

Summary conviction procedure is mainly governed by Part XXVII of the Criminal Code, while many quasi-criminal matters run through provincial legislation and processes (often under a provincial offences framework). (Supreme Court of Canada Decisions)

⚖️ Criminal procedure in Canada: hybrid offences and Crown election

1. The prosecutor decides whether a hybrid offence will be prosecuted under the indictable procedure, or under the summary conviction procedure.

That's correct. Hybrid offences are treated as indictable unless the Crown elects to proceed summarily.

Practical exam takeaway:
If you see "punishable on summary conviction or by indictment," think: Crown election controls the track.

🧑‍⚖️ Right to counsel on detention: what “without delay” really means

2. The right to retain and instruct counsel when detained includes:

• the right to do so without delay
• the right to be informed of the right
• access to a practical means to contact counsel (like a phone)
• reasonable privacy to make the call

This is the core of Charter s. 10(b) as courts explain it: the state must inform you of the right, provide a real opportunity to contact counsel promptly, and respect the consultation. (Department of Justice Canada)

🔓 Criminal procedure in Canada: bail basics, s.469 offences, and standards of proof

3. The standard of proof for an accused charged with a s. 469 offence to prove she deserves release pending trial is on a balance of probabilities.

For s.469 offences, the bail pathway is different: release can only be ordered under the special superior court process (Criminal Code s. 522). (Department of Justice Canada)
Where the onus is on the accused (reverse onus situations), the accused generally must "show cause" on a balance of probabilities. (Ministère de la Justice)

The 3 detention grounds you listed (primary/secondary/tertiary)

15. The three grounds the court must consider for release/detention are:

• (a) Attendance in court (primary ground)
• (b) Protection or safety of the public, including risk of reoffending or interfering with justice (secondary ground)
• (c) Maintain confidence in the administration of justice (tertiary ground), considering strength of case, gravity, circumstances, and potential sentence

That is the correct framework from Criminal Code s. 515(10). (Department of Justice Canada)

Reverse onus and presumption of innocence

16. A reverse onus clause shifts part of the burden of proof to the accused and, therefore, violates the presumption of innocence.

A reverse onus does create a Charter problem on its face because it pushes a burden onto the accused (often engaging s.11(d) and/or s.11(e)). However, some reverse-onus rules have been upheld when justified under Charter s.1 in specific contexts. The clean exam-safe version is: reverse onus provisions infringe the presumption of innocence/normal bail presumption, unless justified. (Ministère de la Justice)

🏛️ Trial flow: what defence counsel can do (and can’t)

4. During a trial, defence counsel is entitled to:

• make an opening statement
• call witnesses
• introduce exhibits (physical evidence)
• make a closing submission
• but not cross-examine jurors

Yep. The defence participates through evidence and submissions—jurors are not witnesses and are not cross-examined.

🧾 Indictments: joinder problems + the rule against duplicity

5. Where an indictment charges vandalism and murder, the defence will likely argue that the indictment is invalid because of improper joinder of counts.

This is a legitimate issue to raise. Murder indictments have special joinder restrictions. The Criminal Code sets limits on what can be joined with murder counts unless it fits specific conditions (or the accused consents). (Department of Justice Canada)

19. An indictment that charges two alternative offences in one count violates the rule against duplicity.

Correct concept. One count should not bundle two different offences as alternatives for the same act. Your example is a classic "duplicity" problem (two offences in one count). (For safety and clarity in publishing, keep examples non-graphic and focused on the drafting issue.)

🧑‍🔧 Pre-sentence reports: what they are and why judges order them

6. A pre-sentence report is ordered by a judge to assist in sentencing; prepared by a probation officer; and provides insight into the offender's background and rehabilitation potential.

Accurate. Pre-sentence reports are a recognized sentencing tool under the Criminal Code and are typically prepared by probation services to help the judge assess risk, supports, and rehabilitation planning. (Criminal Law Notebook)

🧬 National Sex Offender Registry orders: timelines and common conditions

7. Registry-related orders often include duties like:

• reporting in person soon after the order/release
• keeping information current
• reporting address (and other key changes) within the required time window
• some orders requiring long-term or lifetime compliance

The key timing detail: initial reporting is generally within 7 days (15 days for certain National Defence Act situations), and updates are generally within 7 days of changes, depending on the specific legal track. (Department of Justice Canada)

Also, in Ontario's framework, registry compliance can include providing identifying information (which may include a photograph as part of registry administration). (Ontario)

🧭 Civil wrongs vs criminal wrongs vs quasi-criminal matters

14. Differences between civil wrongs and criminal wrongs (your list) — corrected and exam-ready:

• Civil wrongs are private disputes (person vs person/company). The harmed person decides whether to sue. Typical outcome: money damages or court orders (injunctions), not "punishment" in the criminal sense.
• Crimes are offences against the public order. The Crown prosecutes. Outcomes can include jail, probation, fines, and sometimes restitution to victims as part of sentencing.
• Quasi-criminal (provincial) offences look "criminal-ish" in procedure (tickets, summons, court dates), but are prosecuted under provincial authority and usually result in fines/penalties, not Criminal Code convictions.

🧊 Occupiers’ liability: the icy casino parking lot

8. A slip-and-fall lawsuit against a casino for an icy parking lot is an example of occupier's liability.

Correct. In Ontario, the Occupiers' Liability Act sets a duty to take reasonable care to keep people reasonably safe on the premises (including hazards like ice). (Ontario)

🚫 Trespass: off-roading past “No Trespassing” signs

9. Dave off-roads on a farmer's property without permission (despite clear signs) and damages property. Dave could be sued for the tort of trespass.

Yes—civil trespass is a classic fit (unauthorized entry onto land). Also, Ontario's Trespass to Property Act can apply on the quasi-criminal side (a provincial offence) where entry is prohibited by notice/signage. (Ontario)

🏠 Residential leases: non-payment and notices

10. Dan signed a lease. If Dan does not pay the rent, the landlord can give Dan a notice of termination.

In Ontario, the landlord typically starts the process with the official N4 notice ("Notice to End your Tenancy Early for Non-payment of Rent"). The tenant may be able to void the notice by paying within the notice period, and eviction generally requires an LTB order. (Tribunals Ontario)

🚤 Informal access to a boat launch: what rights exist without writing?

11. Gerald lets a neighbor use a boat launch. Nothing is in writing. The neighbor does not acquire rights beyond the right to use the boat launch.

Exam-safe version: permission alone usually creates a revocable licence, not a permanent property right (like an easement). Long-term rights can arise in rare, fact-heavy situations, but without a written grant/registration, you typically do not treat it as an easement.

👪 Family law enforcement: exclusive possession and restraining orders

12. A spouse can call police to enforce an exclusive possession order.

Under Ontario's Family Law Act, contravening an exclusive possession order is serious, and police powers can be engaged depending on the order terms and circumstances. (Ontario)

13. Harassing calls/texts/visits after separation: the harassed spouse can seek a restraining order that can be enforced by police.

Ontario recognizes restraining orders in family law (Family Law Act s.46). Breaches can lead to police involvement and criminal consequences. (Legal Aid Ontario)

🧠 Strict liability and necessity: two defences people mix up

17. Strict liability offences do not require the Crown to prove mens rea… due diligence is a defence.

Correct, with one key precision: the Crown must prove the actus reus beyond a reasonable doubt. Then the accused can avoid liability by proving due diligence (or reasonable mistake of fact) on a balance of probabilities—this is the classic strict liability model. (Department of Justice Canada)

18. Necessity can apply in emergencies…

The defence of necessity is narrow. Courts typically look for:

• imminent peril or danger
• no reasonable legal alternative
• proportionality between the harm avoided and the harm caused

It can involve natural forces or human-caused emergencies not created by the accused. (Criminal Law Notebook)

🔍 Elements of offences + keeping your sources current (the “don’t fail the exam” rule)

21. An accused cannot be convicted unless each element of the offence is proved with supporting evidence. If you don't know the elements, you won't know what evidence matters.

This is absolutely correct—and it's the smartest "study hack" in criminal procedure in Canada:
Elements → Evidence → Burden/Standard → Verdict.

20. (Current-law reminder) The Criminal Code gets amended regularly. Printed copies go stale fast. For anything you publish or rely on, use an up-to-date consolidated source (and note the "current to" date).

Exam-friendly quick tables (clean exam view)

❓ Frequently Asked Questions

❓ Who decides if a hybrid offence is summary or indictable?
The Crown prosecutor decides by electing the procedure.

❓ Are hybrid offences treated as indictable by default?
Yes, unless the Crown elects to proceed summarily.

❓ What triggers the right to counsel?
Detention or arrest triggers Charter s.10(b) protections. (Department of Justice Canada)

❓ Does "without delay" mean "eventually"?
No. Police must provide a real chance to contact counsel promptly. (Criminal Law Notebook)

❓ What are the three bail grounds?
Primary (attendance), secondary (public safety), tertiary (confidence in justice). (Department of Justice Canada)

❓ What's special about s.469 offences for bail?
Bail is handled under the special superior court route (s.522). (Department of Justice Canada)

❓ What does reverse onus mean in bail?
The accused must show why detention isn't justified, usually on a balance of probabilities. (Ministère de la Justice)

❓ Can defence counsel cross-examine jurors?
No—jurors aren't witnesses.

❓ What is improper joinder?
Charging counts together when the law doesn't permit them to be joined in one indictment. (Department of Justice Canada)

❓ What is duplicity in a charge?
Putting two offences in one count (or charging alternatives in one count).

❓ Who prepares a pre-sentence report?
Typically a probation officer, ordered by the court to help with sentencing. (Criminal Law Notebook)

❓ How fast must a registrant report under sex offender registry rules?
Commonly within 7 days (some tracks differ). (Department of Justice Canada)

❓ Is a slip-and-fall on icy property an occupiers' liability issue?
Yes, under Ontario's Occupiers' Liability Act. (Ontario)

❓ Is trespass always "criminal"?
Not always. It can be a civil tort and/or a provincial offence (quasi-criminal). (Ontario)

❓ In Ontario, can a landlord give notice for non-payment of rent?
Yes—commonly by using the N4 process through the LTB. (Tribunals Ontario)

❓ Can restraining orders be enforced by police in Ontario?
Yes. Breaches can trigger police action and criminal consequences. (Ontario)

Conclusion + CTA

If you want this turned into a printable study pack or you need real help navigating criminal, quasi-criminal, family, or landlord/tenant problems in Ontario, reach us through Contact.

Sources & References

• Canada Interpretation Act (Hybrid election rule)
• Charterpedia: Charter s.10(b) (Right to Counsel)
• Criminal Code, s.515 (Bail grounds)
• Criminal Code, s.522 (s.469 offence bail process)
• Occupiers' Liability Act (Ontario)
• Trespass to Property Act (Ontario)

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