Is There a Statute of Limitations for Certain Criminal Offences?

There is no statute of limitation in Canada. That means you can still be charged for an alleged crime after indefinite years. Yet many people seem to think that they can’t be sued or can’t be sued again after a time.

In Canada, there is no statute of limitations for serious criminal offenses like murder, rape, or major theft. These crimes can be prosecuted at any time. However, summary convictions, which are less severe offenses, do have time limits for prosecution, typically ranging from 1 to 30 years depending on the specific offense and location within Canada.

However, you will find exceptions in the statute of limitations in Canada. Let’s learn clearly how the limitation of statute works in Canada.

It’s a law that allows involved parties to take legal action in an offence for a specific time. Once the time exceeds, you will be unable to file a case.

For example, you’re a victim of medical malpractice. According to Civil law, you have up to 2 years to take any legal steps from the date the crime has occurred.

On the other hand, there are serious crimes like murder and aggravated assaults which have no statute of limitations. In other words, one can be charged with an offence at any given time.

Read our article to learn more about assault charges in Canada.

Also, note that if a criminal case is less serious such as it involves a minor, the statute of limitations applies in most states. The criminal statute of limitations in your city will depend on the specific law that you are accused of violating.

Moreover, it is important to consult with a local criminal defence attorney who can advise you about applicable statutes and their time limits.

This is just an overview of the statute of limitations of Canada. Keep reading to get further details.

Offences in Canada are divided into two broad categories, as follows –

• Summary offence
• Indictable offence

Summary convictions are less severe compared to indictable offences. As a result, legal proceedings for summary crimes are different. Hence, summary convictions don’t involve jury trials or indictments.

Some of the common examples of summary offences are falsifying documents, causing public disturbances, and trespassing. According to Canadian legislation, these crimes are less severe. That’s why summary convictions have a statute of limitations.

The time limit for a filling case for this kind of crime varies among provinces.

Considering that, in Saskatchewan, the basic limitation period is 2 years. And the time limit for enforcing a judgment is 10 years. In terms of the ultimate limitation period, it is 15 years.

If there is no statute of limitation on summary convictions, it can have a negative impact on the prosecution and defence. Find the reasons for summary conviction having a statute of limitation below.

Read Also: How to Cite the Criminal Code of Canada?

You have learned that summary offences are not as serious as indictable crimes. Here are instances where crimes are considered a summary conviction.

• It is not fair to prosecute an accused for new public morals and beliefs that didn’t exist at the time the crime occurred.
• Without enough evidence, it’s not right to punish an offender, no matter when the crime happened.
• One can’t be accused with a piece of damaged evidence because that would be a violation of the ‘right to a free trial.

In this section, you will get answers to one of the most asked questions—can you sue after the statute of limitations in Canada?

The criminal code in Canada doesn’t have any statute of limitation. Considering that crimes like

• Kidnapping
• Major theft
• Or rape can face criminal prosecution at any time in the future, if not right away.

Besides, unlike a summary conviction, police can capture an offender for a serious crime no matter when the offence was done.

Adding to that, you must be seen the news about people accused of rapes years after the crimes have taken place.

So, summary conviction is the only type of offence with a statute of limitation.

Need to know Canada’s debt statute of limitations? Go over the next section.

For civil matters, Canada has a statute of limitations. For instance, if it is about uncollected debt, the offender can be accused after a certain time.

This law was determined in 2005 by the Canadian Parliament. Under Income Tax Act (Section 222) says that a debtor’s obligation can’t be extended after 10 years.

Alongside the two main categories of offences, there is another idea of hybrid offences. This term exists when law enforcement isn’t sure if they should process summarily or by indictment.

As you learned in the previous section, some crimes are more serious, and some are less serious. Let’s say someone faced domestic violence.

The police officers might be unable to identify if they should be charged the accused for a summary offence or an indictable offence. So, they take the case as a hybrid offence.

If a crime is reported as a hybrid offence, the officer, with the consent of the victim, will have up to 12 months to proceed as a summary conviction or indictable offence. The rest of the decision depends on justice.

The statute of limitations in Canada mainly depends on the type of crimes conducted. After going through the discussion above, it should be clear that the severity of a crime is determined if it has a statute of limitations.

Hopefully, now you understand the legal advantages of Canadian rules and regulations for criminal prosecutions. If you need any help regarding any old or new offence, seek an expert lawyer’s help.

What Crimes Have a Statute of Limitations in Canada?

Summary offences, such as– driving under the influence, causing minor property damage, unacceptable behaviour in public, etc., have a statute of limitations in Canada. The limitation for prosecution for a summary conviction is 12 months.

Domestic violence is considered a serious crime. So, you can press charge against any time you want. If someone maims, wounds, disfigures, or endangers a complainant’s life, it can be reported to the police anytime. Yet, filling a case immediately is suggested.

Indictable or serious crimes have no statute of limitations. Some common examples of such crimes are– murder, rape, or assaulting someone badly. One can be captured anytime, regardless of when a crime occurs.

Summary offences or less severe crimes include a range of time limitations. You will get 10 years a long time to accuse someone. And depending on where you are in Canada, the basic limitation period is 1, 2, 3, 5, and 30 years.

Yes. Canada revised Civil law in 2005, and the decision for a matter like debts is–that one’s debts are valid for not more than 10 years. However, the time limit can vary depending on the province one is living in.