A criminal charge in Canada is any charge laid under the Criminal Code of Canada or other federal criminal legislation. Even offences many people consider “minor” — such as DUI, shoplifting, uttering threats, or simple assault — can result in a permanent criminal record if not adequately resolved. By contrast, most provincial and municipal offences do not create a criminal record, though there are important exceptions. Understanding this distinction early — and involving a criminal defence lawyer as soon as possible — often determines whether a charge leads to lifelong consequences or is resolved without a record.
Many people in Ontario are surprised to learn that offences such as driving under the influence (DUI), shoplifting, or uttering threats are classified as criminal offences under Canadian law. Others assume that if an offence seems “minor,” it cannot result in a criminal record.
In Canada, the distinction between criminal charges and non-criminal (regulatory) offences is critical. A criminal charge can permanently affect your freedom, employment, travel, immigration status, and reputation — long after the court case ends.
This updated guide explains:
A criminal charge exists when police lay charges under federal criminal legislation, most commonly the Criminal Code of Canada . If convicted, the result is a criminal record, unless the court grants a discharge.
Many first-time accused are shocked to learn that the following are criminal offences:
“People often think a criminal charge requires serious violence. In reality, many everyday disputes escalate into criminal charges very quickly.”
— Jeff Mass, Criminal Defence Lawyer & Managing Partner, Mass Tsang
While most offences are prosecuted under the Criminal Code , several other federal statutes also create criminal liability.
| Federal Legislation | Examples of Criminal Offences |
|---|---|
| Criminal Code of Canada | Assault, theft, DUI, fraud |
| Controlled Drugs and Substances Act | Drug possession, trafficking |
| Firearms Act | Unauthorized firearm possession |
| Youth Criminal Justice Act | Youth criminal offences |
| Food and Drugs Act | Illegal drug distribution |
| Canada Evidence Act | Obstruction-related offences |
If charges are laid under any of the above, the matter is criminal, not regulatory.
Criminal offences in Canada fall into three procedural categories.
Hybrid offences are the most common. The Crown prosecutor decides whether to treat them as summary or indictable based on:
Regardless of the procedure, any conviction results in a criminal record unless a discharge is granted.
Non-criminal offences are typically provincial or municipal regulatory matters. These do not create criminal records.
| Category | Examples |
|---|---|
| Traffic offences | Speeding, seatbelt violations |
| Liquor offences | Public intoxication (provincial) |
| Property offences | Trespassing (daytime, provincial) |
| Workplace violations | OHSA infractions |
| Municipal bylaws | Noise complaints |
Some behaviours — such as trespassing at night or public intoxication — exist under both provincial law and the Criminal Code. Police may choose how to charge, and that choice can determine whether a criminal record is at stake.
“How police and the Crown elect to proceed can dramatically change someone’s future — even when the conduct looks identical on the surface,”
— Heather Spence, Criminal Defence Lawyer & Partner, Mass Tsang
The difference between criminal and non-criminal offences determines whether the consequences are long-term and life-altering or limited and temporary. Criminal convictions create records and collateral effects that extend far beyond fines or short-term penalties, while regulatory offences generally do not.
A criminal conviction can impact:
A criminal conviction may appear on background checks and can quietly end job opportunities, even years later. Regulatory offences do not appear on criminal record checks.
Criminal convictions often trigger disclosure obligations and disciplinary action by professional regulators. Regulatory offences rarely affect licensing unless directly related to professional conduct.
Criminal convictions can lead to denial of entry into the United States, regardless of age or sentence. Non-criminal offences rarely affect border admissibility.
Criminal convictions can cause inadmissibility, citizenship delays, or removal proceedings for non-citizens. Regulatory offences generally have no immigration impact.
Criminal convictions may be considered in custody and parenting disputes, primarily where safety is raised. Regulatory offences usually carry little or no weight.
Regulatory offences generally do not carry these long-term consequences.
Contrary to popular belief, most criminal cases do not go to trial.
| Outcome | Criminal Record? | Explanation |
|---|---|---|
| Withdrawn or dismissed | No | Charges end completely |
| Absolute discharge | No (after 1 year) | Guilty plea without conviction |
| Conditional discharge | No (after 3 years) | Conditions required |
| Peace bond | No | Preventive resolution |
| Conviction | Yes | Record unless suspended later |
“Strong early advocacy often determines whether a client ends up with a permanent record — or no record at all,”
— Jeff Mass, Criminal Defence Lawyer & Managing Partner
No. In Canada, criminal charges are not controlled by the complainant.
Police lay criminal charges based on their investigation, and once charges are laid, only the Crown prosecutor has the authority to withdraw or stay them. A complainant may change their mind, recant a statement, or refuse to testify, but this does not automatically end the case.
If the Crown believes there is sufficient independent evidence — such as witness testimony, recordings, medical records, or admissions — the prosecution can continue without the complainant’s cooperation. In some cases, the Crown may also compel testimony through a subpoena.
| Outcome | Record Status |
|---|---|
| Conviction (summary) | Eligible for record suspension after 5 years |
| Conviction (indictable) | Eligible after 10 years |
| Absolute discharge | Removed after 1 year |
| Conditional discharge | Removed after 3 years |
Record suspensions do not erase records; they only restrict public access.
Early legal intervention is critical. Timely involvement of defence counsel can help limit the scope of the charges, shape how the Crown assesses the case, and identify opportunities for resolutions that avoid criminal convictions where legally available. It also allows for early protection of constitutional rights and reduces the risk of long-term consequences affecting reputation, employment, or future legal standing.
The defence lawyers at Mass Tsang represent clients across Ontario and focus on strategic, evidence-based advocacy to achieve the most favourable lawful outcomes, including resolving cases without convictions where possible.
If you or someone you care about is facing criminal charges in Ontario, delaying legal advice can permanently limit your options. A strategic defence begins long before trial — and often determines whether a criminal record exists at all.
Contact Mass Tsang to discuss your situation confidentially and understand your legal options before irreversible consequences occur.
A criminal charge is any charge laid under the Criminal Code of Canada or other federal criminal legislation. If convicted, it results in a criminal record unless the court grants a discharge.
Yes. Driving under the influence (DUI), including alcohol- or drug-impaired driving, is a criminal offence under the Criminal Code and can lead to a criminal record, licence suspension, fines, and jail time.
Most traffic tickets, such as speeding or seatbelt violations, are provincial offences and are not criminal. However, dangerous driving or impaired driving are criminal offences.
Yes. Theft under $5,000 (including shoplifting) is a criminal offence. A conviction can result in a criminal record unless the charge is withdrawn, dismissed, or resolved by discharge.
Summary offences are less severe and carry lower maximum penalties. Indictable offences are more serious and can result in significant prison sentences. Many offences are hybrid, meaning the Crown chooses how to proceed.
No. Only the Crown prosecutor can withdraw criminal charges. A complainant may recant a statement, but the Crown can still proceed if there is sufficient evidence.
A conviction creates a criminal record for life unless a record suspension is granted. Summary convictions are eligible after 5 years, indictable convictions after 10 years. Discharges are removed automatically after 1–3 years.
