Charges

An impaired driving charge in Ontario begins with a roadside licence suspension and a vehicle impound, both on the spot, before any court decides anything. The person is usually released with a court date. The charge can be impaired, over 80, or refusal, and the roadside paperwork carries deadlines for the licence side of the case.

After an impaired driving stop in Alberta, most first cases go through Immediate Roadside Sanctions (IRS) — a licence suspension, vehicle seizure and a fine at the roadside — not a criminal charge. The paper says which one you received. An IRS has a short window to appeal to SafeRoads Alberta; a criminal charge means a court date.

An assault charge in Ontario covers any intentional use of force without consent, from a shove to serious injury; the paperwork’s section number says which. Most people are released from the station with conditions and a court date. The first steps are the same for every level: the paperwork, disclosure, then the decision on how to respond.

After an assault charge in Alberta, most people are released from the station with conditions and a court date in the Alberta Court of Justice. Assault is any intentional use of force without consent — a push counts, no injury needed. The first steps are the same at every level: the paperwork, disclosure, then the decision on how to respond.

A domestic assault charge in Ontario is an assault charge where the people involved are partners or family. Police in Ontario follow a policy that strongly favours laying a charge. Release almost always comes with no-contact and no-attendance conditions, which can mean the person cannot go home.

“Domestic assault” is an assault charge where the other person is a partner, ex-partner or family member; the charge is the same, the handling is stricter. A no-contact condition almost always comes with release, and it applies even if the other person wants to talk.

A drug possession charge in Ontario means the police say you had a controlled substance and knew it was there; possession “for the purpose of trafficking” (s. 5) adds an alleged intent to sell. Small personal-use amounts are often diverted away from court in Ontario; trafficking charges are not.

A drug possession charge in Alberta means the police say you had a controlled substance and knew it was there; possession “for the purpose of trafficking” (s. 5) adds an alleged intent to sell. Personal-use amounts are often diverted; trafficking charges are not.

In Ontario a trafficking case starts in the Ontario Court of Justice, whose Drug Treatment Courts offer court-monitored treatment as an alternative to incarceration.

In Alberta a trafficking case starts in the Alberta Court of Justice, which runs Drug Treatment Courts in seven cities, Calgary and Edmonton among them.

Theft under $5,000 covers shoplifting and most small thefts; many first-time charges in Ontario end without a criminal record through diversion. The store’s own ban letter and a civil demand letter are separate from the criminal charge.

Theft under $5,000 covers shoplifting and most small thefts; many first-time charges end without a criminal record through alternative measures. The store’s own ban letter and a civil demand letter are separate from the criminal charge.

After a fraud charge in Ontario, the case starts in the Ontario Court of Justice and the Ontario Crown may refer some files to a community justice program.

After a fraud charge in Alberta, the case is prosecuted by the Alberta Crown Prosecution Service, whose specialized branch lists commercial crime among its duties.

After a breach charge in Ontario, the person faces failure to comply alongside the original charge, and Ontario’s bail directive tells the prosecutor to weigh how far the order was not followed.

After a breach charge in Alberta, the person faces failure to comply alongside the original charge; someone held sees a justice of the peace by video at a first-appearance bail hearing.

At a bail hearing in Ontario a justice decides whether the person waits at home or in custody until the case is done, and on what conditions. It happens within about 24 hours of arrest. The court wants a plan: where they will live, who will supervise, and what rules they will follow.

A bail hearing in Alberta decides whether the person waits at home or in custody until the case is done. The court wants a plan — where they will live, who will supervise them, and what rules they will follow.

In Ontario, a threats charge starts in the Ontario Court of Justice, and a threat to a partner falls under the Crown’s intimate partner violence directive.

In Alberta, a threats charge is heard in the Alberta Court of Justice, whose domestic abuse courts take harassment and violence cases between intimate partners.

In Ontario, the Crown’s directive says sexual offences must be prosecuted vigorously, and at bail the prosecutor must seek a publication ban.

In Alberta, a sexual assault case starts in the Alberta Court of Justice, and a person held sees a justice of the peace by video with a Crown prosecutor appearing.

In Ontario, the Crown’s firearms directive says the prosecutor must seek detention in all cases involving firearms, absent exceptional circumstances.

In Alberta, a person held on a weapons charge sees a justice of the peace by video or phone, with a Crown Bail Office prosecutor appearing.

In Ontario, mischief is a charge the prosecutor may refer to a community justice program such as the Direct Accountability Program.

In Alberta, a mischief case is heard in the Alberta Court of Justice, and restorative justice accepts post-charge referrals from the courts.

In Ontario, a break-and-enter case starts in the Ontario Court of Justice; in Toronto most criminal court operations sit at 10 Armoury Street.

In Alberta, a break-and-enter case is heard in the Alberta Court of Justice, and a person held has a first-appearance bail hearing by video.

In Ontario, adult robbery cases start in the Ontario Court of Justice, and for youth the Crown lists robbery as never eligible for extrajudicial sanctions.

In Alberta, robbery cases start in the Alberta Court of Justice; its Indigenous courts in Calgary and Edmonton hear bail and sentencing for those who choose them.

In Ontario, the prosecutor may refer a property charge to a community justice program, but only where a conviction is reasonably likely.

In Alberta, the case is heard in the Alberta Court of Justice, and restorative justice is one voluntary route after a charge.

In Ontario, the Crown’s intimate partner violence directive covers criminal harassment between partners and makes safety a paramount factor at bail.

In Alberta, the Court of Justice’s domestic abuse courts hear allegations of harassment between intimate partners.

In Ontario, youth cases start in the Ontario Court of Justice, and police must contact a parent or guardian when someone under 18 is arrested.

In Alberta, youth court is part of the Alberta Court of Justice, and every youth charged is eligible for a lawyer through Legal Aid Alberta.