Criminal Law Overview
Canadian criminal law is largely similar to US law, with some important differences. Canada uses a common law system (except Quebec's civil law for non-criminal matters), and most crimes will be familiar to Americans.
Key Differences from US
| Issue | Canada | US |
|---|---|---|
| Criminal law jurisdiction | Federal only | Federal and state |
| DUI BAC limit | 0.08% (0.05% administrative) | 0.08% most states |
| Cannabis | Legal federally (with limits) | Federal illegal, state varies |
| Handgun ownership | Restricted license required | Second Amendment, state varies |
| Death penalty | Abolished (1976) | State-dependent |
Unlike the US where each state has its own criminal code, Canada has one federal Criminal Code that applies nationwide. This simplifies understanding the lawâwhat's illegal in BC is illegal in Ontario. Provinces can't create their own criminal offenses.
DUI: A Serious Matter
Impaired driving (DUI) is treated extremely seriously in Canadaâmore so than in many US states. A DUI conviction has severe consequences for immigration status.
A DUI conviction in Canada is considered a "serious criminality" offense. This can result in loss of PR status, deportation, and being barred from re-entering Canada. Even a first offense can have life-altering immigration consequences.
DUI Penalties
| Offense | Minimum Penalty | Maximum Penalty |
|---|---|---|
| First offense | $1,000 fine | 10 years imprisonment |
| Second offense | 30 days jail | 10 years imprisonment |
| Third+ offense | 120 days jail | 10 years imprisonment |
| DUI causing bodily harm | Varies | 14 years imprisonment |
| DUI causing death | Varies | Life imprisonment |
BAC Thresholds
- 0.00%: Required for new drivers (graduated licensing)
- 0.05%: Administrative penalties in most provinces (license suspension, vehicle seizure)
- 0.08%: Criminal offense threshold
Immigration Consequences
- Work permit holders: May not be renewed, possible deportation
- PR applicants: Application likely refused
- PRs: Can lose status if sentenced to 6+ months
- Future entry: May be inadmissible for years
Since cannabis legalization, Canada has implemented strict drug-impaired driving laws with roadside testing for cannabis. Any detectable THC while driving can result in charges. The combination of cannabis and alcohol lowers the criminal threshold to 0.05% BAC + any THC.
Cannabis Laws
Canada legalized recreational cannabis in October 2018, but with significant restrictions that Americans should understand.
Legal Limits
| Activity | Federal Rule | Notes |
|---|---|---|
| Possession (public) | Up to 30g dried | Or equivalent |
| Home cultivation | Up to 4 plants | Quebec and Manitoba prohibit |
| Purchase age | 18+ federal | 19+ in most provinces |
| Where to buy | Licensed retailers only | Provincial systems vary |
Still Illegal
- Possession over 30g: In public
- Selling without license: Serious offense
- Giving to minors: Up to 14 years prison
- Taking across border: Federal offense in both directions
- Driving while impaired: Criminal offense
- Public consumption: Varies by province/municipality
Cannabis is federally illegal in the US. Bringing ANY cannabis across the Canada-US border is illegal in both directions. US CBP can ban you from entry for life for cannabis-related offenses. Even admitting past cannabis use can make you inadmissible to the US.
Other Offenses Catching Expats
Assault
- Lower threshold than many US states
- Includes threats and unwanted touching
- Domestic assault taken very seriously
- Mandatory arrest policies in domestic situations
Fraud and Financial Crimes
- Tax evasion prosecuted by CRA
- Investment fraud investigated by provincial securities commissions
- Wire fraud, identity theft similar to US
Weapons Offenses
- Strict handgun restrictionsârestricted license required
- Carrying concealed weapon illegal without authorization
- No "stand your ground" or castle doctrine laws
- Self-defense claims face high scrutiny
Many Americans are caught bringing firearms across the border unknowingly. You CANNOT bring handguns to Canada without prior authorization (which tourists cannot get). Long guns require declaration. Undeclared firearms = serious criminal charges.
Hate Speech
- Canada criminalizes hate speech more broadly than US
- Public incitement of hatred is a crime
- Social media posts can be prosecuted
- First Amendment does not apply in Canada
Criminal Inadmissibility
A criminal recordâeven from the USâcan make you inadmissible to Canada.
US Crimes That Bar Entry
- DUI/DWI: Even a single conviction
- Drug offenses: Most drug crimes
- Assault: Including misdemeanor assault
- Theft: Including shoplifting
- Fraud: Financial crimes
- Weapons offenses: Most firearms crimes
Overcoming Inadmissibility
| Option | Requirements | Timeline |
|---|---|---|
| Deemed Rehabilitation | 10+ years since completion of sentence; single non-serious offense | Automatic, but should carry proof |
| Individual Rehabilitation | 5+ years since sentence completion; application to IRCC | 6-12 months processing |
| Temporary Resident Permit | Valid reason to enter Canada; application | Varies |
| Legal Opinion Letter | Argument offense not equivalent to Canadian crime | Carry at border |
If you have ANY criminal record in the US, consult a Canadian immigration lawyer before attempting to enter Canada. Border officers have access to FBI databases. Being turned away can create additional problems for future applications.
If You're Arrested in Canada
If you encounter the Canadian justice system, understanding your rights is crucial.
Your Rights
- Right to remain silent: Similar to US Fifth Amendment
- Right to counsel: Immediately upon arrest
- Right to know charges: Must be informed promptly
- Right to interpreter: If needed
- Right to contact embassy: Vienna Convention rights
What To Do
- Stay calm: Don't resist or argue
- Identify yourself: Provide ID if asked
- Invoke right to silence: "I wish to remain silent"
- Request lawyer: "I want to speak to a lawyer"
- Contact US Embassy: Request this explicitly
- Don't sign anything: Without lawyer review
US Embassy Can:
- Visit you in jail
- Provide list of local attorneys
- Notify family (with your permission)
- Monitor case for fair treatment
- Help with communication issues
US Embassy Cannot:
- Get you out of jail
- Pay legal fees or bail
- Provide legal advice
- Interfere with Canadian legal proceedings
The Court System
Canadian courts operate similarly to US courts, with some structural differences.
Court Hierarchy
- Provincial Court: Most criminal matters, minor offenses
- Superior Court: Serious indictable offenses, jury trials
- Court of Appeal: Provincial appeals
- Supreme Court of Canada: Final appeals (permission required)
Key Differences from US
- No plea bargaining culture: Less prevalent than US
- Crown prosecutor: Equivalent of District Attorney
- Duty counsel: Free legal advice at court
- Legal aid: Income-tested free representation
- Bail hearing: Called "judicial interim release"
Enforcement Tracker
We track notable criminal cases involving foreign nationals in Canada to help expats understand how laws are actually enforced.
View Canada Enforcement Tracker â