After an arrest, police may release the accused or detain them for a bail hearing. Section 515(10) of the Criminal Code sets out three grounds for detention: ensuring court attendance, public safety, and public confidence in the justice system. The burden generally rests with the Crown, except in specific cases (Section 469, repeat offences, breach of conditions) where it shifts to the defence. Each ground is assessed according to precise criteria (community ties, risk of reo

The Jordan decision (2016) reformed the right to be tried within a reasonable time (section 11(b) of the Charter). It sets presumptive ceilings of 18 months (provincial court) and 30 months (superior court), from the laying of the information to the end of trial. Delays attributable to the defence are subtracted. Beyond the ceiling, the delay is presumed unreasonable, unless exceptional circumstances are raised by the Crown. The motion must be filed in a timely manner, before

A criminal record in Canada carries serious consequences: difficulties with employment, housing, travel, and immigration. Solutions exist to avoid one: a discharge (conditional or absolute), an acquittal, the Alternative Measures Program, a section 810 order, or a record suspension. A criminal defence lawyer is essential to choosing the best strategy for each situation.

A discharge acknowledges guilt without imposing punishment, balancing public interest and the offender's rehabilitation potential. Courts assess offense severity, premeditation, the accused's character, and conviction impacts. It can be conditional (with probation terms like therapy or community service) or absolute (no conditions). It sits between acquittal and conviction — recognizing wrongdoing while avoiding disproportionate punishment.