Blog - Sewrattan Criminal Lawyers Professional Corporation

Criminal Harassment Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Criminal harassment, often called stalking, is an offence under section 264 of the Criminal Code. It criminalizes four kinds of conduct that cause another person to reasonably fear for their safety: repeatedly following, repeatedly communicating, watching or besetting places the person is, and threatening conduct. Most Toronto charges arise from the end of a relationship, and the evidence is usually a stack of messages. What the messages actually show, and whether the complainant's fear was reasonable, are where these cases are decided.

What is criminal harassment under Canadian law?

The Crown must prove each of the following beyond a reasonable doubt:

Prohibited conduct: (a) repeatedly following the person or someone known to them; (b) repeatedly communicating, directly or indirectly, with the person or someone known to them; (c) besetting or watching a place where the person lives, works, or happens to be; or (d) engaging in threatening conduct directed at the person or their family. The "repeatedly" branches require more than one incident; the watching and threatening conduct branches can be made out by a single serious incident.
Harassment: the conduct actually harassed the complainant, in the sense of tormenting, troubling, or plaguing them, and the accused knew this or was reckless or wilfully blind to it.
Fear: the conduct caused the complainant to fear for their safety or the safety of someone known to them, including psychological safety, and that fear was reasonable in all the circumstances. From July 18, 2026, this element is assessed objectively: the question becomes whether a reasonable person in the complainant's circumstances would fear for their safety, and the offence expressly captures harassment carried out through electronic monitoring.

The offence does not require threats or violence; persistent unwanted contact can be enough. Harassment charges are frequently laid alongside uttering threats or domestic assault counts, and increasingly alongside intimate image allegations after a breakup.

Penalties for criminal harassment in Ontario

Criminal harassment is a hybrid offence with a maximum penalty of 10 years in prison if the Crown proceeds by indictment, or 2 years less a day on summary conviction. There is no mandatory minimum. Sentencing turns on the persistence and intrusiveness of the conduct, any breaches of court orders, and the accused's record; outcomes range from peace bonds and discharges for brief, non-threatening conduct to significant jail for prolonged stalking. Bail conditions are strict from the outset, typically prohibiting all contact and attendance near the complainant's home and work, and a conviction can bring weapons prohibitions and immigration consequences for non-citizens.

Possible defences to a criminal harassment charge

Depending on the evidence, defences may include:

The conduct was not harassment: communications that were legitimate, invited, or two-sided, such as messages about shared children, property, or unresolved business, viewed in their full context.
No repetition where repetition is required: single or sparse contacts charged under the "repeatedly" branches.
No knowledge or recklessness: the accused neither knew nor was wilfully blind to the complainant feeling harassed, particularly where no one ever said to stop.
The fear was absent or not reasonable: assessed objectively on the whole record, not on the police summary.
Lawful authority or legitimate purpose: conduct such as serving legal documents or attending shared spaces for genuine reasons.
Identity and authorship in anonymous account cases, and Charter issues including device searches and unreasonable delay under section 11(b) and the Jordan framework.

Frequently asked questions

How many messages count as criminal harassment?

There is no fixed number. "Repeatedly" means more than once, and courts have convicted on a small number of contacts where the context made them frightening, and acquitted on many contacts where the exchange was mutual. Context decides.

Is it criminal harassment if I never threatened anyone?

It can be. Threats are not an element of the offence; persistent unwanted following, communicating, or watching that causes reasonable fear for safety is enough, and safety includes psychological safety.

What if my ex kept responding to my messages?

A genuinely two-sided exchange undercuts the elements of harassment and reasonable fear, which is why the complete message history matters. Selective excerpts can make an ordinary dispute look one-sided.

Can I be charged for contacting someone about our children?

Communication for a legitimate purpose is relevant to whether the conduct was harassing, but repeated contact that goes beyond the legitimate purpose can still ground a charge. Family court orders and bail conditions also control what contact is permitted.

Will I go to jail for criminal harassment?

Outcomes in Ontario range widely. Brief, non-threatening conduct by a first-time accused often resolves with a peace bond, discharge, or probation, while prolonged or escalating stalking attracts jail. Outcomes depend on the evidence in each case.

What should I do if I am accused of harassment?

Stop all contact with the complainant immediately, follow any release conditions exactly, and preserve the complete communication history. Breaching a no-contact condition is a separate criminal charge that badly damages the original case.

Charged with criminal harassment? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends criminal harassment charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Utter Threats, Domestic Assault, and Distributing an Intimate Image.

Practice Areas - 12/05/2015

Utter Threats Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Uttering threats is a criminal offence under section 264.1 of the Criminal Code. It covers threats to cause death or bodily harm to any person, threats to burn or destroy property, and threats to kill or injure an animal. Because the offence is complete the moment the words are spoken or written, people are regularly charged over a single text message, voicemail, or heated remark, and the case then turns on two questions: what the words objectively meant in their context, and what the speaker intended by them.

What is uttering threats under Canadian law?

To convict, the Crown must prove two elements beyond a reasonable doubt, as the Supreme Court explained in R v McRae:

The words, viewed objectively in their full context, conveyed a threat of death or bodily harm (or to property or an animal). The question is how a reasonable person would understand the words, taking into account the circumstances, the relationship between the people involved, and how the words were communicated.
The speaker intended the words to intimidate or to be taken seriously. It does not matter whether the recipient actually felt afraid, whether the speaker intended to carry the threat out, or even whether the threat ever reached the person it was about. A threat spoken to a third party can still be an offence.

Words said in obvious jest, hyperbole, or as an exclamation of frustration are not threats in law, but the line is drawn by context, not by the speaker's later explanation. Threat charges frequently accompany domestic assault and criminal harassment allegations, and they carry the same strict bail conditions in Ontario, including no-contact terms.

Penalties for uttering threats in Ontario

Uttering threats is a hybrid offence. For threats to cause death or bodily harm, the maximum penalty is 5 years in prison if the Crown proceeds by indictment, or 2 years less a day on summary conviction. For threats against property or animals, the maximum by indictment is 2 years. There is no mandatory minimum. In practice, Ontario outcomes for first-time allegations range from withdrawal of the charge, sometimes with a peace bond or counselling, through discharges and probation; jail is reserved for threats with aggravating features such as weapons, repetition, or a related record. A conviction can also bring weapons prohibitions and, for non-citizens, immigration consequences.

Possible defences to an uttering threats charge

Depending on the evidence, defences may include:

The words were not a threat: read in context, they were hyperbole, venting, a bad joke, or ambiguous words that a reasonable person would not take as a threat of death or bodily harm.
No intent to intimidate or be taken seriously: the mental element is where frustration cases are fought, particularly where the words were blurted in a heated moment.
Disputed words: what was actually said, especially in oral exchanges with no recording, and the reliability of the person reporting them.
Identity: in online and anonymous message cases, proof of who actually authored and sent the words.
Context evidence: prior communications and the full message thread often change the meaning of an isolated line the police synopsis quotes.
Charter issues and delay, including statements taken in breach of the right to counsel and unreasonable delay under section 11(b) and the Jordan framework.

Frequently asked questions

Can I be charged for a threat I did not mean?

You can be charged, but the Crown must prove you intended the words to intimidate or to be taken seriously. Words that were clearly a joke or empty venting, judged in context, do not meet the legal test.

Is it a threat if I never said it to the person directly?

It can be. The offence does not require the threat to be conveyed to its target; a threat spoken or written to a third party about someone else can still be uttering threats.

Can a text message or social media post be a criminal threat?

Yes. Threats can be uttered in any form, including texts, direct messages, emails, and posts. The full thread and surrounding context matter, which is why preserving the complete conversation is important for the defence.

Does the person have to be afraid for it to be a threat?

No. The recipient's actual fear is not an element of the offence. The test is how a reasonable person would understand the words in context, together with the speaker's intent.

Will I go to jail for uttering threats?

Usually not for a first allegation without aggravating features. Many threats charges in Ontario resolve without a conviction, through withdrawal, a peace bond, or a discharge. Outcomes depend on the evidence and circumstances of each case.

What is a conditional threat?

A threat framed as a condition, such as words to the effect of "if you do that again, I will hurt you," can still be a criminal threat. Framing words conditionally does not take them outside the offence if they otherwise meet the test.

Charged with uttering threats? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends uttering threats charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Criminal Harassment and Domestic Assault.

Practice Areas - 12/05/2015

Domestic Assault Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Domestic assault is an assault charge under section 266 of the Criminal Code where the complainant is a spouse, partner, or ex-partner. There is no separate "domestic assault" offence, but Ontario treats these cases differently at every stage: police lay charges as a matter of policy, the accused is usually placed on strict no-contact conditions immediately, and the complainant cannot withdraw the charge. Most people charged in Toronto are surprised by how quickly the case takes on a life of its own, and by how much the conditions, not the possible sentence, disrupt daily life.

What is domestic assault under Canadian law?

Section 265 of the Criminal Code defines assault as the intentional application of force to another person without their consent, and it extends to attempts and threats by act or gesture to apply force. Any assault committed against an intimate partner is prosecuted as a domestic matter. The intimate partner context is not an element of the offence; it is an aggravating factor at sentencing under section 718.2(a)(ii), and it changes bail: for a person previously found guilty of intimate partner violence, including by way of a discharge, the Criminal Code reverses the onus at the bail hearing. From July 15, 2026, the onus also reverses for assaults and sexual assaults involving choking, suffocation or strangulation, allegations that arise disproportionately in intimate partner cases, and Parliament has enacted a new coercive control offence that will come into force within two years.

The Crown must still prove the assault itself beyond a reasonable doubt: an intentional, non-consensual application of force by the accused. Many domestic cases turn entirely on the credibility and reliability of the people involved, often with no independent witnesses.

How domestic assault cases proceed in Ontario

Ontario police services operate under charging policies for intimate partner violence: where officers have grounds, they lay the charge regardless of what the complainant wants. After the charge, the accused is typically released on conditions that prohibit contact with the complainant and bar attendance at the family home, even where the complainant wants contact. Changing those conditions requires a formal process, usually with the complainant's input taken through the Crown.

A complainant cannot "drop the charges." The decision to continue belongs to the Crown alone. In Toronto, domestic matters proceed in specialized court streams, and depending on the seriousness of the allegation and the accused's record, resolutions can include counselling-based programs such as the Partner Assault Response program, a peace bond under section 810 of the Criminal Code with the charge withdrawn, or a trial.

Penalties for domestic assault in Ontario

Assault under section 266 is a hybrid offence: the maximum penalty is 5 years in prison if the Crown proceeds by indictment, or 2 years less a day on summary conviction. Sentences range widely, from an absolute or conditional discharge through probation to jail, depending on the allegations, injuries, the accused's record, and the circumstances. The intimate partner context is an aggravating factor. A conviction also brings collateral consequences that matter as much as the sentence: a criminal record, potential immigration consequences for non-citizens, family law implications, and firearms prohibitions in many cases.

Possible defences to a domestic assault charge

Depending on the evidence, defences may include:

Self-defence under section 34 of the Criminal Code, where the force used was a reasonable response to force or threatened force.
No intentional application of force: accidental contact, reflexive movement, or physical contact that was incidental rather than an assault.
Consent, in the limited circumstances where the law recognizes it.
Credibility and reliability: inconsistencies between statements, text messages and other records that contradict the allegation, and the surrounding context, which in some cases includes a separation or parenting dispute. Courts assess these issues carefully on the evidence.
Charter issues and delay, including unreasonable delay under section 11(b) and the Jordan framework.

Frequently asked questions

Can my partner drop the domestic assault charges?

No. In Ontario, once police lay a charge, only the Crown can withdraw it, and Crown policy treats intimate partner cases seriously. A complainant's wishes are one factor the Crown considers, but they do not control the outcome.

Can I go home or contact my partner while the case is ongoing?

Usually not at first. Standard conditions prohibit contact and attendance at the shared home. Conditions can sometimes be varied to allow contact or a return home, through a formal variation process that generally involves the complainant's input through the Crown.

Will I get a criminal record for a first domestic assault charge?

Not necessarily. Outcomes in Ontario range from withdrawal of the charge, sometimes with a peace bond or after counselling, to a discharge, to a conviction. The result depends on the strength of the evidence, the allegations, and the accused's circumstances.

What is a peace bond?

A peace bond under section 810 of the Criminal Code is a court order to keep the peace and follow conditions for up to 12 months. It is not a conviction and does not create a criminal record, and in appropriate domestic cases the Crown withdraws the charge when one is entered.

Will a domestic assault charge affect my immigration status?

It can. A conviction for assault can have serious consequences for permanent residents and other non-citizens under immigration law. Anyone without citizenship should raise their status early, because it affects how the case should be resolved.

Will I go to jail for domestic assault?

Jail is available but is not the outcome in most first-time cases involving minor or no injuries. Sentences depend on the specific facts, and many first allegations resolve without a conviction at all. Outcomes depend on the evidence in each case.

Charged with domestic assault? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends domestic assault and intimate partner charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Assault, Utter Threats, and Bail Hearings.

Practice Areas - 12/04/2015

Assault Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Assault is one of the most commonly charged offences in Toronto and across Ontario. Under section 265 of the Criminal Code, an assault is the intentional application of force to another person without consent, and the charge can arise from anything from a shove to a punch, no injury required. A first offence rarely results in jail, but a conviction creates a criminal record with lasting employment, travel, and immigration consequences, which is why the defences and the available resolutions matter.

What is assault under Canadian law?

Section 265 of the Criminal Code sets out three ways an assault can be committed:

Intentionally applying force to another person, directly or indirectly, without their consent. The force can be minor; no injury or pain is required.
Attempting or threatening, by an act or gesture, to apply force, where the other person reasonably believes it will happen. Words alone are not an assault, but words plus a raised fist can be.
Accosting or impeding a person while openly carrying a weapon or an imitation of one.

The basic offence is charged under section 266. To convict, the Crown must prove identity, an intentional application (or threat) of force, and the absence of consent, all beyond a reasonable doubt. Where injuries result, the charge escalates: assault causing bodily harm where the harm is more than trifling, and aggravated assault where the complainant is wounded, maimed, disfigured, or their life is endangered. Where the complainant is an intimate partner, the case proceeds as a domestic assault.

Penalties for assault in Ontario

Assault under section 266 is a hybrid offence. If the Crown proceeds by indictment, the maximum penalty is 5 years in prison; on summary conviction, the maximum is 2 years less a day. In practice, sentences in Ontario span the full range: withdrawal of the charge (sometimes with a peace bond or after community-based programming), an absolute or conditional discharge, probation, and jail in more serious cases or for people with related records. A conviction can also bring weapons prohibitions, DNA orders in some circumstances, and immigration consequences for non-citizens. From July 15, 2026, an assault against a first responder or a public transit worker is also a statutory aggravating factor at sentencing. For a first-time accused with a minor allegation, the realistic fight is often about avoiding a criminal record altogether.

Possible defences to an assault charge

Depending on the evidence, defences may include:

Self-defence: section 34 of the Criminal Code permits reasonable force in response to force or threatened force. Courts look at the whole picture, including the nature of the threat, proportionality, and whether there were other options.
Defence of another person or of property, under sections 34 and 35.
Consent: a consensual fight can be a defence, but the Supreme Court has held that consent is vitiated where serious bodily harm is both intended and caused, so the scope of this defence depends on the facts.
No intentional force: accidental or reflexive contact, or contact that is part of the ordinary jostling of daily life, is not an assault.
Identity and reliability: mistaken identification in chaotic incidents, poor lighting or video quality, and inconsistencies between witness accounts.
Charter issues and delay, including unreasonable delay under section 11(b) and the Jordan framework.

Frequently asked questions

Will I go to jail for a first assault charge?

Usually not for a minor, first-time allegation in Ontario. Common outcomes include withdrawal, a peace bond, a discharge, or probation. Jail becomes realistic where there are injuries, weapons, a related record, or other aggravating features. Outcomes depend on the evidence in each case.

Will an assault conviction give me a criminal record?

A conviction does. However, many first-time assault charges in Ontario resolve without a conviction, through withdrawal, a peace bond, or a discharge. Whether those options are realistic depends on the allegation and the Crown's position.

Is it still assault if it was a mutual fight?

Not necessarily. Consent can be a defence to a consensual fight, but the defence has limits: consent does not apply where serious bodily harm was both intended and caused. Who started it, what was agreed to, and what force was actually used all matter.

How does self-defence work in Canada?

Section 34 of the Criminal Code allows a person to use reasonable force to protect themselves or someone else from force or the threat of it. The response must be reasonable in the circumstances, which courts assess using factors such as the nature of the threat, proportionality, and the history between the people involved.

Can the complainant drop an assault charge?

No. In Ontario, the Crown alone decides whether a charge proceeds. A complainant's wishes are considered but are not decisive, particularly in domestic cases.

Do I need a lawyer for an assault charge?

An assault file involves disclosure review, potential Charter and credibility issues, and negotiation over resolutions that avoid a record. A criminal defence lawyer can assess the realistic outcomes early and protect against avoidable consequences.

Charged with assault? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends assault charges of every kind across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Domestic Assault, Assault Causing Bodily Harm, and Aggravated Assault.

Practice Areas - 12/04/2015

Possessing Stolen Property Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Possession of property obtained by crime is an offence under section 354 of the Criminal Code, with penalties set by section 355. The charge captures people found with stolen goods, whether or not they had anything to do with the original theft. The single most important word in the section is knowledge: the Crown must prove the accused knew the property was obtained by crime, and cases rise and fall on how that knowledge is, or is not, proven.

What is possession of stolen property under Canadian law?

The Crown must prove beyond a reasonable doubt:

Possession: personal possession, constructive possession (knowledge plus control of property kept elsewhere), or joint possession with others. Property in a shared home or car is not automatically in everyone's possession.
The property was obtained by crime: usually theft or fraud, proven through the original owner or investigative records.
Knowledge: the accused knew the property was obtained by crime. Actual knowledge is required, but the law treats wilful blindness, deliberately declining to ask the obvious question, as its equivalent. Mere suspicion or negligence is not enough.

The Crown often relies on the doctrine of recent possession: where a person is found in unexplained possession of recently stolen property, a court may infer theft or guilty knowledge. The inference is permissive, not automatic, and a plausible innocent explanation, such as an ordinary marketplace purchase, defeats it. Charges frequently accompany related counts such as credit card possession when wallets or cards are among the recovered property.

Penalties for possessing stolen property in Ontario

The penalties mirror theft. Where the value exceeds $5,000, the maximum is 10 years in prison where the Crown proceeds by indictment, and the Crown can also elect to proceed summarily. Where the value is $5,000 or less, the offence is hybrid with a maximum of 2 years by indictment or 2 years less a day on summary conviction. There are no mandatory minimums.

Outcomes in Ontario track the circumstances: a first-time allegation involving a single item of modest value is often diverted or resolved without a conviction, while possession of large quantities of stolen goods, or possession connected to trafficking in stolen property such as vehicles or catalytic converters, attracts jail. From July 15, 2026, possession of property obtained by crime in the context of organized retail theft is a statutory aggravating factor at sentencing. Restitution and return of property matter to resolution.

Possible defences to a possession of stolen property charge

Depending on the evidence, defences may include:

No knowledge: the accused bought or received the property innocently, at a plausible price, through an ordinary channel such as an online marketplace, with nothing that would put an honest person on notice.
No wilful blindness: suspicion alone is not knowledge; the Crown must show the accused deliberately shut their eyes to the truth.
No possession: property found in shared spaces, vehicles, or storage without proof of the accused's knowledge and control.
Proof the property was stolen: gaps in continuity, serial number identification, and ownership evidence.
Value disputes affecting the over and under $5,000 line.
Charter issues: many of these cases begin with searches of homes, cars, and phones, and unreasonable searches can lead to exclusion of the evidence.

Frequently asked questions

I bought something online that turned out to be stolen. Am I guilty?

Not if you did not know and were not wilfully blind. An honest purchase at a plausible price through an ordinary channel is a defence, and the circumstances of the purchase are the battleground.

What does the Crown have to prove?

Possession, that the property was obtained by crime, and that you knew it. Knowledge is usually the contested element, and it must be proven beyond a reasonable doubt.

What is the doctrine of recent possession?

A permissive inference: unexplained possession of recently stolen property can support a finding of theft or guilty knowledge. A plausible explanation for how you came to have the property answers it.

What is wilful blindness?

Deliberately avoiding confirming what you strongly suspect, such as buying an obviously new item for a fraction of its value from an unknown seller and asking no questions. It is treated as the legal equivalent of knowledge, but it requires more than carelessness.

What are the penalties?

Up to 10 years where the value exceeds $5,000 and the Crown proceeds by indictment, and up to 2 years by indictment where the value is $5,000 or less. First-time, low-value matters often resolve without a conviction.

The property was in a shared apartment. Can I be convicted?

Only if the Crown proves you knew about the property and had a measure of control over it. Mere presence where stolen property is found is not possession.

Charged with possessing stolen property? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends property offence charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Theft, Fraud, and Credit Card Possession.

Practice Areas - 12/04/2015

Fraud Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Fraud is an offence under section 380 of the Criminal Code: obtaining money, property, or a service through deceit, falsehood, or other dishonest means. The charge comes in two sizes, fraud over $5,000 and fraud under $5,000, and the "over" version is treated as a serious offence in Ontario, with a maximum of 14 years in prison. Fraud cases are document cases: they turn on records, intent, and the often blurry line between a failed business dealing and a crime, which is where the defences usually live.

What is fraud under Canadian law?

To convict, the Crown must prove two things beyond a reasonable doubt:

A dishonest act: deceit, a falsehood, or "other fraudulent means," a category courts assess by asking whether the conduct would be seen as dishonest by ordinary, reasonable people.
Deprivation: the dishonest act caused another person to lose money or property, or put their economic interests at risk. Actual loss is not required; risk of loss is enough.

The mental element requires that the accused knowingly undertook the dishonest act and appreciated that it could deprive someone. A sincere belief that a venture would succeed does not excuse dishonest means, but an honest transaction that simply went wrong is not fraud. The value alleged sets the charge: over $5,000 is a straight indictable offence; under $5,000 is hybrid. Fraud is distinct from theft, which involves taking without consent rather than obtaining through dishonesty.

Penalties for fraud in Ontario

Fraud over $5,000: a maximum of 14 years in prison. Where the total value exceeds $1 million, the Criminal Code prescribes a mandatory minimum of 2 years.
Fraud under $5,000: a hybrid offence with a maximum of 2 years by indictment, or 2 years less a day on summary conviction.

Sentencing in Ontario weighs statutory aggravating factors, including the value involved, the number of victims, breach of trust, and the impact on victims. Large frauds and breach of trust frauds regularly attract jail. Courts also make restitution orders, and can impose orders prohibiting the offender from work involving authority over other people's money or property. At the other end, first-time allegations involving modest amounts, including many shoplifting-adjacent and employment cases, can resolve in Ontario without a criminal record, depending on the circumstances. A fraud conviction is a crime of dishonesty, which is precisely why the employment, professional licensing, travel, and immigration consequences often exceed the sentence itself.

Possible defences to a fraud charge

Depending on the evidence, defences may include:

No dishonest intent: the accused honestly believed the representations were true, believed they had a right to the funds, or lacked knowledge of the scheme. Fraud requires a guilty mind, not just a bad outcome.
Civil dispute, not crime: unpaid debts, failed ventures, and disputed contracts are the business of the civil courts unless dishonesty is proved.
Role and identity: in multi-party schemes, whether this accused knew of and participated in the dishonesty, as opposed to being a customer, employee, or conduit.
Quantification: whether the Crown can prove the value alleged, which affects both the charge and the sentence.
Charter issues: production orders, searches of devices, banking records, and statements taken in breach of the accused's rights.
Disclosure and delay: large-document prosecutions frequently raise disclosure litigation and unreasonable delay issues under section 11(b) and the Jordan framework.

Frequently asked questions

Will I go to jail for fraud?

It depends primarily on the amount, the breach of trust, and the accused's record. Large frauds and employer frauds regularly attract jail in Ontario, with a mandatory minimum of 2 years where the value exceeds $1 million. Smaller first-time matters often resolve far short of that. Outcomes depend on the evidence in each case.

If I pay the money back, will the charges be dropped?

Not automatically. Restitution helps at every stage and is sometimes part of a resolution, but repayment does not erase the offence, and the decision to withdraw a charge belongs to the Crown. Promising or arranging repayment is a step best taken with legal advice.

What is the difference between fraud over and under $5,000?

The dividing line is the value of what was obtained or put at risk. Over $5,000 is a straight indictable offence with a 14-year maximum; under $5,000 is a hybrid offence with much lower maximums and more resolution options.

What is the difference between fraud and theft?

Theft is taking property without consent. Fraud is obtaining property, money, or services through dishonesty, where the victim hands it over because of the deceit. Some conduct can support either charge, and the Crown chooses how to proceed.

Will a fraud charge affect my job or immigration status?

A fraud conviction is a crime of dishonesty, and it can have serious consequences for employment, professional licensing, and travel, and for the status of permanent residents and other non-citizens. These collateral consequences should shape how the case is resolved from the outset.

Do I need a lawyer for a fraud charge?

Fraud files are built on documents, and the viable defences usually emerge from a close review of the records and the accused's actual role and knowledge. A lawyer can also manage the restitution question, which is easy to get wrong without advice.

Charged with fraud? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends fraud charges of every size across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Theft and Possessing Stolen Property.

Practice Areas - 12/04/2015

Shoplifting Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Shoplifting is prosecuted as theft under $5,000, an offence under sections 322 and 334 of the Criminal Code. It is one of the most commonly laid charges in Toronto, and it is also one of the most survivable: for a first-time accused, most shoplifting matters resolve without a criminal conviction through diversion or similar outcomes. That is not automatic. It depends on how the case is handled from the first appearance, and on understanding that the store's civil demand letter and the criminal charge are two different things.

What is shoplifting under Canadian law?

There is no separate shoplifting offence; the charge is theft. The Crown must prove that the accused took store merchandise fraudulently, without colour of right, and with intent to deprive the store of it. Intent is the heart of most defences, because the act of walking out with unpaid merchandise is often not in dispute; whether it was deliberate is.

Most cases begin with a stop by store security. Loss prevention officers are private citizens, and their arrest power comes from section 494 of the Criminal Code: they can arrest a person they find committing theft and must deliver the person to police promptly. What happens during that stop, including any search, statement, or detention, can matter to the criminal case. Police then typically release the accused with paperwork requiring a court appearance and often a condition not to attend the store.

Penalties for shoplifting in Ontario

Theft under $5,000 is a hybrid offence with a maximum of 2 years in prison by indictment or 2 years less a day on summary conviction, but the maximums say little about real outcomes. In Toronto, a first-time shoplifting allegation involving modest value is commonly resolved through the Crown's diversion program, which typically involves counselling, community service, or a charitable donation in exchange for the withdrawal of the charge. Discharges and peace bonds are also common. Jail enters the picture for repeated retail theft, organized re-selling, or lengthy records. From July 15, 2026, organized retail theft is a statutory aggravating factor at sentencing; the change is aimed at coordinated and repeat operations, not at the first-time matters that flow through diversion.

Separately from the criminal case, many retailers send a civil recovery letter demanding several hundred dollars. That letter is a civil matter between you and the store: paying it does not end the criminal charge, and not paying it is not a criminal offence. Get advice before responding to one.

Possible defences to a shoplifting charge

Depending on the evidence, defences may include:

No intent to steal: absent-mindedness, distraction, a child placing items in a bag or stroller, and honest confusion are real and recognized defences, because theft requires a dishonest state of mind.
Self-checkout errors: missed scans, misread codes, and machine errors are increasingly common sources of charges where the intent to steal is genuinely absent.
Payment and authority issues: items already paid for, exchanges, and misunderstandings about store policy.
Identity and continuity: whether the video actually shows the accused, and whether the merchandise alleged matches what was recovered.
Problems with the stop: an unlawful detention or search by loss prevention or police can affect the admissibility of statements and evidence under the Charter.

Frequently asked questions

Will a shoplifting charge give me a criminal record?

Only a conviction creates a criminal record, and most first-time shoplifting matters in Toronto resolve without one, through diversion, withdrawal, a peace bond, or a discharge. The goal from day one is a resolution that protects your record.

What is diversion for shoplifting?

A program in which the Crown withdraws the charge after you complete steps such as counselling, community service, or a donation. Eligibility depends on the value involved, the circumstances, and your history.

Should I pay the civil demand letter from the store?

The letter is a civil claim separate from the criminal charge; paying it does not resolve the prosecution, and ignoring it is not a crime. Speak to a lawyer before paying or responding, because the right answer depends on your situation.

Do I have to answer questions from store security or police?

No. You are not required to explain yourself to loss prevention or to police, and anything you say can be used in the case. Provide identification when required on arrest and otherwise exercise your right to silence and to counsel.

Can the store ban me?

Yes. Stores can prohibit people from their property regardless of the criminal outcome, and your release conditions will often require you to stay away from the location while the case is ongoing.

It was an honest mistake at self-checkout. Do I still need a lawyer?

Yes. Honest mistake is a defence, but presenting it effectively, protecting your record, and navigating diversion or trial requires advice from the outset.

Charged with shoplifting? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends shoplifting and theft charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Theft and Possessing Stolen Property.

Practice Areas - 12/04/2015

Dangerous Driving Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Dangerous driving, formally dangerous operation of a conveyance, is a criminal offence under section 320.13(1) of the Criminal Code. Unlike a speeding ticket or careless driving charge under Ontario's Highway Traffic Act, dangerous driving is a crime that produces a criminal record. The central battleground in these cases is the legal standard: the Crown must prove not just bad driving, but driving that was a marked departure from what a reasonably prudent driver would have done, and the Supreme Court of Canada has repeatedly held that momentary lapses and ordinary carelessness do not meet that bar.

What is dangerous driving under Canadian law?

Section 320.13(1) makes it an offence to operate a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public. The circumstances include the nature, condition, and use of the place where the driving happened and the amount of traffic that was or might reasonably be expected to be there. Actual harm is not required; driving can be dangerous with no collision at all, and a collision does not by itself make driving dangerous.

The offence has two components the Crown must prove beyond a reasonable doubt:

A dangerous manner of driving, assessed objectively against the circumstances rather than by the outcome.
A marked departure from the standard of care of a reasonable driver in the same circumstances. Civil negligence, a momentary lapse of attention, or a simple misjudgment is not enough; the driving must depart markedly from the norm, a line drawn by the Supreme Court in cases such as R v Beatty and R v Roy.

Where the driving causes bodily harm or death, the Crown lays the aggravated forms of the charge, including dangerous driving causing death, which carry far higher penalties.

Penalties for dangerous driving in Ontario

Dangerous operation is a hybrid offence. If the Crown proceeds by indictment, the maximum penalty is 10 years in prison; on summary conviction, the maximum is 2 years less a day. Where bodily harm results, the maximum rises to 14 years, and where death results, to life imprisonment. There is no mandatory minimum for the basic offence, and outcomes for a first offence without injury range from a discharge or fine through probation, with jail reserved for the most serious driving patterns.

The licence consequences run alongside the sentence. The court may impose a Criminal Code driving prohibition and commonly does. A conviction also triggers an Ontario licence suspension under the Highway Traffic Act, generally 1 year for a first conviction, plus the insurance consequences of a criminal driving record, which are often the most expensive part. Dangerous driving is different from stunt driving, which is a provincial offence under the Highway Traffic Act with its own roadside suspension and impoundment regime; the two can arise from the same incident.

Possible defences to a dangerous driving charge

Depending on the evidence, defences may include:

The marked departure standard: establishing that the driving, viewed in context, amounted at most to carelessness or a momentary lapse, which is not criminal.
Explanation for the driving: a sudden and unexpected medical event, an unforeseeable mechanical failure, or an emergency response to another driver's conduct can negate the fault element.
Identity and proof of the driving pattern: reconstruction disputes, unreliable estimates of speed, and gaps between what witnesses assume and what the physical evidence shows.
Causation, in bodily harm and death cases: whether the dangerous driving, as opposed to some other factor, caused the outcome.
Charter issues and delay, including statements taken from the driver in breach of the right to counsel and unreasonable delay under section 11(b) and the Jordan framework.

Frequently asked questions

Is dangerous driving a criminal offence?

Yes. Dangerous driving is a crime under the Criminal Code, unlike careless driving and stunt driving, which are provincial offences under Ontario's Highway Traffic Act. A conviction creates a criminal record.

What is the difference between careless driving and dangerous driving?

Careless driving is a provincial charge for driving without due care and attention. Dangerous driving is a criminal charge requiring a marked departure from the standard of a reasonable driver. The gap between the two standards is where many dangerous driving cases are won.

Does an accident mean the driving was dangerous?

No. Courts assess the manner of driving, not the consequences. A collision, even a serious one, can result from a momentary lapse that does not meet the criminal standard.

Will I go to jail for dangerous driving?

For a first offence with no injuries, jail is uncommon in Ontario; fines, probation, and discharges are all available. Jail becomes realistic where the driving pattern is extreme or where bodily harm or death results. Outcomes depend on the evidence in each case.

Will I lose my licence for dangerous driving?

A conviction generally brings an Ontario licence suspension of at least 1 year for a first offence, and the court may add a Criminal Code driving prohibition. Insurance consequences follow any conviction.

Can a dangerous driving charge be reduced to careless driving?

In appropriate cases, dangerous driving charges resolve as careless driving under the Highway Traffic Act, which avoids a criminal record. Whether that resolution is available depends on the driving alleged, the harm caused, and the strength of the Crown's evidence.

Charged with dangerous driving? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends dangerous driving and other driving charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Dangerous Driving Causing Death and Impaired Driving.

Practice Areas - 12/04/2015

Theft Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Theft is defined in section 322 of the Criminal Code and divided by section 334 into two charges: theft over $5,000 and theft under $5,000. The definition is more demanding than most people expect. Taking something is not theft unless it was done fraudulently, without colour of right, and with intent to deprive the owner. Those words carry real defences, because honest mistakes, genuine ownership disputes, and absent-minded conduct are not crimes.

What is theft under Canadian law?

The Crown must prove beyond a reasonable doubt that the accused:

Took or converted property: physically taking it or dealing with it as if it were their own, which is how employee and trustee cases arise.
Acted fraudulently and without colour of right: dishonestly, and without an honest belief in a legal entitlement to the property. A genuine, even mistaken, belief in a right to take the property is a defence.
Intended to deprive the owner: temporarily or absolutely. Intending to return the property later does not automatically defeat the charge, but the intent at the moment of taking is what matters.

Theft sits in a family of property offences. Retail cases are dealt with on our shoplifting page, cases about goods someone else stole on our possessing stolen property page, and deception-based cases on our fraud page. The dividing line between theft and fraud is the method: theft is taking; fraud is obtaining by deceit.

Penalties for theft in Ontario

Theft under $5,000 is a hybrid offence with a maximum of 2 years in prison if the Crown proceeds by indictment, or 2 years less a day on summary conviction. Theft over $5,000 carries a maximum of 10 years where the Crown proceeds by indictment, and the Crown can also elect to proceed summarily. There are no mandatory minimums for theft.

Actual outcomes in Ontario depend far more on context than on the maximums. First-time allegations involving modest values are routinely resolved through diversion, withdrawal with a charitable donation or counselling, peace bonds, or discharges. At the other end, thefts in breach of trust, such as an employee stealing from an employer, are treated as seriously aggravated under section 718.2 of the Criminal Code, and significant or repeated thefts attract jail. From July 15, 2026, organized retail theft is also a statutory aggravating factor at sentencing. Restitution is often central to resolution, and a restitution order can accompany any sentence.

Possible defences to a theft charge

Depending on the evidence, defences may include:

Colour of right: an honest belief in a legal entitlement to the property, common in disputes between former partners, roommates, business associates, and landlords and tenants.
No intent to deprive: absent-mindedness, misunderstanding, or an intention to borrow with genuine authority to do so.
Ownership and authority disputes: property that was jointly owned, gifted, or subject to an agreement.
Identity and continuity: whether the Crown can prove who took the property and that the recovered property is what was taken.
Value: the over and under $5,000 line changes the charge and the realistic outcomes, and valuation evidence can be contested.
Charter issues, including unreasonable searches and statements taken in breach of the right to counsel.

Frequently asked questions

What is the difference between theft over and theft under $5,000?

The value of what was allegedly taken. Theft under $5,000 carries lower maximum penalties and is more often resolved through diversion; theft over $5,000 carries a 10-year maximum by indictment and is treated more seriously.

Will a theft charge give me a criminal record?

Only a conviction creates a criminal record. Many first-time theft matters in Ontario resolve through diversion, withdrawal, or a discharge, none of which is a conviction, although records of the charge itself exist and can matter for some purposes.

What is theft diversion?

A program in which the Crown withdraws the charge after the accused completes steps such as counselling, community service, or a charitable donation. Eligibility depends on the value taken, the circumstances, and the accused's history.

Is taking something I intended to return still theft?

It can be. The offence includes an intent to deprive the owner temporarily. That said, intent is assessed on all the evidence, and a genuine borrowing arrangement or honest belief in permission is a defence.

Why is employee theft treated more seriously?

Because theft in breach of trust is a statutory aggravating factor at sentencing. Courts treat the abuse of an employer's trust as significantly more serious than an equivalent theft from a stranger.

Can a theft charge be dropped if I pay the money back?

Repayment does not automatically end a prosecution, but restitution matters. It supports diversion, strengthens resolution discussions, and reduces sentence if the case ends in a finding of guilt.

Charged with theft? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends theft and property charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Shoplifting, Possessing Stolen Property, and Fraud.

Practice Areas - 12/04/2015

Refusing a Breath Sample Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Refusing or failing to provide a breath sample is a criminal offence under section 320.15(1) of the Criminal Code, and it is punished at least as harshly as a high blood alcohol reading: the mandatory minimum fine for a first offence is $2,000, double the minimum for impaired driving. The charge does not require any proof that you were impaired. What it does require is a lawful demand and a true refusal, and those two requirements are where most refusal cases in Ontario are fought.

What is refusing a breath sample under Canadian law?

Section 320.15(1) makes it an offence to fail or refuse to comply, without a reasonable excuse, with a lawful demand made under the driving provisions of the Criminal Code. The demand can take several forms:

A roadside breath demand into an approved screening device. Since 2018, section 320.27(2) allows police with an approved device on hand to demand a roadside sample from any lawfully stopped driver, even without suspicion of alcohol.
An evidentiary breath demand at the station into an approved instrument, which requires reasonable grounds to believe an offence was committed.
Demands for sobriety testing, a drug recognition evaluation, or blood samples in the appropriate circumstances.

To convict, the Crown must prove the demand was lawful, that the accused understood it, and that the accused intentionally failed or refused to comply. A refusal can be express ("I am not blowing") or inferred from conduct, such as repeated failed attempts the court finds were deliberate. The accused may raise a reasonable excuse, such as a genuine medical inability to provide a sample.

Penalties for refusing a breath sample in Ontario

First offence: a mandatory minimum fine of $2,000 and a driving prohibition of 1 to 3 years.
Second offence: a mandatory minimum of 30 days in jail. Third or subsequent: a mandatory minimum of 120 days.
Maximum penalty: 10 years by indictment, or 2 years less a day on summary conviction.

The Ontario consequences mirror the other drinking and driving offences: an immediate 90-day administrative licence suspension and 7-day vehicle impoundment that take effect at the roadside on the refusal itself, a $550 administrative penalty, and on conviction a Highway Traffic Act suspension (generally 1 year for a first offence), the Back on Track program, ignition interlock, and insurance consequences. Refusal convictions are eligible for Ontario's Reduced Suspension with Ignition Interlock Conduct Review Program, whose best stream requires a guilty plea and sentence within 90 days of the offence date.

Possible defences to a refusal charge

Depending on the evidence, defences may include:

An unlawful demand: a mandatory roadside demand made when the officer did not actually have the screening device with them, an evidentiary demand made without reasonable grounds, or a demand made outside the timing limits the law imposes. If the demand was not lawful, there is no offence in refusing it.
Reasonable excuse: a genuine medical condition, such as a respiratory problem, that prevented providing a suitable sample, or other circumstances the law recognizes.
No true refusal: honest but unsuccessful attempts to blow, confusing or inadequate instructions from the officer, or equipment problems being mistaken for non-compliance.
Ambiguity and change of mind: what was said and when matters, and the law around a prompt change of heart is fact-specific.
Charter issues: an unlawful stop or detention under section 9, a search issue under section 8, or a violation of the right to counsel under section 10(b) in connection with the station demand.
Delay: unreasonable delay under section 11(b) of the Charter and the Jordan framework.

Frequently asked questions

Is refusing the breathalyzer better than blowing over?

No. Refusal carries a higher mandatory minimum fine ($2,000) than a basic over 80 conviction and all of the same licence and insurance consequences in Ontario. Refusing does not avoid a criminal charge; it usually becomes the charge.

Can police demand a breath sample without any reason?

At the roadside, yes, in one specific sense: since 2018, an officer with an approved screening device can demand a sample from any lawfully stopped driver without suspicion of drinking. The station breath demand is different and requires reasonable grounds to believe an offence occurred.

What counts as a refusal?

A clear verbal refusal counts, but so can conduct: walking away, stalling, or repeated attempts the court finds were deliberately inadequate. Whether failed attempts were genuine or fake is often the central issue at trial.

What if I could not blow for medical reasons?

A genuine medical inability to provide a suitable sample can amount to a reasonable excuse, which is a defence to the charge. Medical records and expert evidence often matter, and the issue is assessed on the facts of each case.

Will I go to jail for a first refusal offence?

Generally no. A first conviction carries the $2,000 mandatory minimum fine rather than mandatory jail, although jail is available where there are aggravating circumstances. Repeat convictions carry mandatory jail.

Can a refusal charge be beaten?

Many refusal charges in Ontario are successfully defended, most often by challenging the lawfulness of the demand, the fairness of the process, or whether there was a true refusal at all. Outcomes depend on the specific evidence, including any video of the interaction.

Charged with refusing a breath sample? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends refusal and failure to provide charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Impaired Driving and Driving Over 80.

Practice Areas - 12/04/2015

Driving Over 80 Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Driving over 80, formally operating a conveyance with a blood alcohol concentration at or over 80 mg of alcohol in 100 mL of blood, is a criminal offence under section 320.14(1)(b) of the Criminal Code. Unlike impaired driving, the Crown does not need to prove your driving was affected: the offence is the reading itself. The case therefore usually rises or falls on the reliability of the breath testing and the lawfulness of the police investigation, and many over 80 charges in Ontario are successfully defended on exactly those grounds.

What is driving over 80 under Canadian law?

Section 320.14(1)(b) makes it an offence to have a blood alcohol concentration at or over 80 mg per 100 mL within two hours of ceasing to operate a conveyance (the Criminal Code's umbrella term for motor vehicles, vessels, and aircraft). The "within two hours" wording, added in 2018, was designed to close off arguments about drinking just before driving. There is a narrow statutory exception where a person drank after driving, had no reason to expect a breath demand, and their concentration is consistent with having been under 80 while driving.

To prove the offence, the Crown relies on breath samples taken on an approved instrument (in Ontario, typically an Intoxilyzer operated by a qualified technician at the station) or, less commonly, blood analysis. The Criminal Code gives those breath readings powerful evidentiary status, but only if the statutory testing conditions in section 320.31(1) were met, including proper system checks and a minimum interval of at least 15 minutes between the two samples.

Penalties for driving over 80 in Ontario

The consequences track impaired driving, with one addition: the mandatory minimum fine climbs with the reading.

First offence: a mandatory minimum fine of $1,000, rising to $1,500 for a reading of 120 to 159, and $2,000 for a reading of 160 or more, plus a driving prohibition of 1 to 3 years.
Second offence: a mandatory minimum of 30 days in jail. Third or subsequent offence: a mandatory minimum of 120 days.
Maximum penalty: 10 years in prison by indictment, or 2 years less a day on summary conviction.

In Ontario, a reading at or over 80, or a refusal, also triggers an immediate 90-day administrative licence suspension and a 7-day vehicle impoundment at the roadside, along with a $550 administrative penalty and a licence reinstatement fee. A conviction adds a Highway Traffic Act suspension (generally 1 year for a first offence), the Back on Track remedial program, ignition interlock, and significant insurance consequences. Ontario's Reduced Suspension with Ignition Interlock Conduct Review Program can shorten the suspension, and its best stream requires a guilty plea and sentencing within 90 days of the offence date, a deadline explained on our impaired driving page.

Possible defences to an over 80 charge

Because the offence is built on a machine result obtained through a chain of police steps, the defences focus on that chain. Depending on the evidence, they may include:

Charter issues: whether the stop, the roadside screening demand, the arrest, the breath demand, and access to counsel under section 10(b) were all lawful. A breach can lead to exclusion of the readings under section 24(2).
Roadside screening reliability: an approved screening device test taken without an appropriate waiting period after a drink, a burp, or something in the mouth can produce a false fail and undermine the grounds for the later breath demand.
Compliance with section 320.31(1): whether the qualified technician conducted the required blank tests and calibration checks, whether the two samples were at least 15 minutes apart, and whether the results agreed within the permitted range.
Disclosure: records relating to the testing, such as the alcohol standard and instrument records that Ontario courts have ordered produced in appropriate cases, can reveal problems not visible in the initial package.
Operation and timing: whether the Crown can prove who was driving and when, which matters because the reading must connect to the two-hour window.
Delay: unreasonable delay under section 11(b) of the Charter and the Jordan framework.

Frequently asked questions

What does over 80 actually mean?

It means having 80 mg or more of alcohol in 100 mL of blood within two hours of driving, as measured by breath or blood analysis. It is a separate criminal offence from impaired driving and does not require any proof of bad driving.

Why am I charged with both impaired driving and over 80?

Police in Ontario routinely lay both charges from one incident because they rest on different evidence: observations of impairment for one, the breath readings for the other. A person is not sentenced twice; if both charges succeed, one is typically stayed.

Can breath readings be wrong?

Breath instruments are treated as reliable only when the statutory testing conditions were met, and problems do occur: mouth alcohol effects, calibration and alcohol standard issues, and procedural mistakes by the operator. Whether a challenge is available depends on the records in your specific case.

Will I go to jail for a first over 80 offence?

Generally no. A first conviction carries a mandatory minimum fine, which increases with the reading, rather than mandatory jail. Jail becomes mandatory for repeat convictions and remains possible where there are aggravating features.

How long will I be off the road in Ontario?

There is an automatic 90-day suspension on being charged. On conviction, the suspension is generally 1 year for a first offence, but Ontario's ignition interlock program can reduce it to as little as 3 months where the strict 90-day plea deadline and other conditions are met.

Do I need a lawyer for an over 80 charge?

Over 80 prosecutions are among the most technical in criminal law, and the viable defences usually sit in the disclosure rather than on the surface of the allegation. A lawyer can obtain and review the testing records and identify Charter issues early.

Charged with driving over 80? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends over 80 and excess blood alcohol charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Impaired Driving and Refusing a Breath Sample.

Practice Areas - 12/04/2015

Impaired Driving Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Impaired driving, often called DUI or drunk driving, is a criminal offence under section 320.14(1)(a) of the Criminal Code. A person charged in Toronto or anywhere else in Ontario faces an immediate 90-day licence suspension at the roadside, a mandatory minimum fine and a driving prohibition if convicted, and a criminal record. Many impaired driving cases are successfully defended, because the outcome usually turns on how the police investigation was conducted and how the evidence of impairment holds up.

What is impaired driving under Canadian law?

Section 320.14(1)(a) of the Criminal Code makes it an offence to operate a conveyance while your ability to operate it is impaired to any degree by alcohol, a drug, or a combination of both. Conveyance is the Code's umbrella term for a motor vehicle, a vessel, an aircraft, and railway equipment, which is why the same offence covers impaired boating. To convict, the Crown must prove three things beyond a reasonable doubt:

Identity: the accused was the person operating the vehicle.
Operation: the accused operated the conveyance. The Criminal Code defines operate to include having care or control of the vehicle, so driving is not required: a person behind the wheel of a parked car commits the offence where there is a realistic risk the vehicle will be set in motion.
Impairment: the accused's ability to operate was impaired by alcohol or a drug. The section captures impairment to any degree, so even slight impairment counts, but it must be proved by evidence, typically driving behaviour, physical observations, and breath or blood results.

Impaired driving is a separate charge from driving over 80, which is based on blood alcohol concentration rather than observed impairment. In Ontario, police commonly lay both charges from a single incident.

Penalties for impaired driving in Ontario

Consequences come in two waves: immediate administrative consequences under Ontario law, and criminal penalties if the charge ends in a conviction.

Immediate consequences at the roadside

Before any finding of guilt, Ontario imposes a 90-day administrative driver's licence suspension and a 7-day vehicle impoundment. Both take effect at the roadside the moment a driver fails or refuses breath testing; nothing waits for a conviction. A $550 administrative penalty follows, plus a licence reinstatement fee, towing and storage costs, and, since January 2026, a mandatory education or treatment program at this stage.

Criminal penalties on conviction

First offence: a mandatory minimum fine of $1,000 and a driving prohibition of 1 to 3 years. Jail is available but not mandatory for most first offences.
Second offence: a mandatory minimum of 30 days in jail and a prohibition of 2 to 10 years.
Third or subsequent offence: a mandatory minimum of 120 days in jail and a prohibition of at least 3 years.

The maximum penalty is 10 years in prison if the Crown proceeds by indictment, or 2 years less a day if it proceeds summarily. On top of the criminal sentence, Ontario suspends the driver's licence under the Highway Traffic Act (generally 1 year for a first conviction), requires the Back on Track remedial program (currently $894, paid by the driver), and imposes an ignition interlock condition. Insurance consequences are often the most expensive part of a conviction.

Ontario's ignition interlock program and the 90-day deadline

Ontario's Reduced Suspension with Ignition Interlock Conduct Review Program can shorten the licence suspension dramatically, but the best stream has a strict deadline. A first offender who pleads guilty and is sentenced within 90 days of the offence date (Stream A) can generally get back on the road after a 3-month suspension followed by at least 9 months with an interlock device. A first offender sentenced after the 90 days (Stream B) generally faces a 6-month suspension and at least 12 months of interlock. A second offender must act within the 90 days to qualify for a reduced suspension at all; missing that window generally means the full 3-year suspension. Because the deadline runs from the date of the alleged offence, this is one of the first things to assess in any impaired driving file in Ontario.

Possible defences to an impaired driving charge

Defences that may apply depending on the evidence include:

Charter challenges: whether the stop, detention, demands, and arrest complied with sections 8, 9, and 10(b) of the Charter, including the right to speak to a lawyer without delay. Breaches can lead to the exclusion of breath results.
Roadside screening problems: an approved screening device test administered too soon after drinking, burping, or having something in the mouth can produce an unreliable fail, which can undermine the grounds for everything that followed.
Breath instrument compliance: the Criminal Code presumes breath results accurate only if specific testing conditions were met, including the interval between tests and the required system checks.
Proof of impairment or operation: weak or ambiguous observations, or a real issue about who was driving or whether the vehicle was being operated.
Disclosure and delay: missing records about the investigation, and unreasonable delay under section 11(b) of the Charter and the Jordan framework.

Frequently asked questions

Will I go to jail for a first impaired driving offence?

Usually not. In Ontario, a first conviction generally carries a mandatory minimum fine of $1,000 rather than jail, unless there are aggravating features such as a collision, injuries, or a very high blood alcohol reading. Jail becomes mandatory for second and subsequent convictions.

How long will I lose my licence?

There is an automatic 90-day suspension in Ontario that begins at the roadside when you fail or refuse breath testing, before any trial. On conviction, a first offender generally faces at least a 1-year suspension, which Ontario's ignition interlock program can reduce to as little as 3 months if strict conditions and a 90-day deadline are met.

What is the difference between impaired driving and over 80?

Impaired driving is about your ability to drive being impaired by alcohol or a drug, proved through observations and driving evidence. Over 80 is about your blood alcohol concentration being at or above 80 mg of alcohol in 100 mL of blood, proved through breath or blood testing. Both charges are often laid together in Ontario.

Can I drive to work while my licence is suspended?

Not during the initial 90-day administrative suspension, which has no work exception. After a conviction, the ignition interlock program is what allows many people in Ontario to drive again on a restricted basis, with the device installed in their vehicle.

Can an impaired driving charge be beaten?

Many impaired driving charges in Ontario are successfully defended, most often through Charter applications and challenges to the breath testing procedure. Outcomes depend on the specific evidence in each case, so an early review of the disclosure matters.

Do I need a lawyer for an impaired driving charge?

These cases are technical: the defences live in the details of the stop, the demands, and the testing, and there are early deadlines, including the 90-day interlock window. A criminal defence lawyer can review the disclosure and identify issues that are not obvious from the police synopsis.

Charged with impaired driving? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends impaired driving charges at courthouses across Toronto and Ontario. If you have been charged, contact us for a consultation: 416-583-1510 ext. 2. Related pages: Driving Over 80, Refusing a Breath Sample, and Bail Hearings.

Practice Areas - 12/04/2015