Criminal Offence Penalties in Ontario
Criminal charges can have long-term effects on nearly every area of your life. Knowing the potential penalties can help you prepare and make informed decisions moving forward. This guide outlines the consequences associated with the most common criminal offences in Ontario.
1. Penalties for Impaired Driving
Impaired driving is one of the most serious offences under Canadian law. It includes operating a motor vehicle while your ability to drive is affected by alcohol, drugs, or a combination of both. Canada has some of the toughest impaired driving laws in the world, reflecting the serious dangers this behaviour poses to drivers, passengers, and pedestrians.
Even a first offence can lead to criminal charges, a permanent criminal record, licence suspension, mandatory counselling programs, and costly penalties. A second conviction comes with even harsher consequences, including mandatory jail time. Having experienced legal representation is essential if you are charged with impaired driving, as the long-term impact on your life and livelihood can be severe.
First Offence Penalties:
- Driver’s Licence Suspension: 1 year
- Fine: Minimum of $1,000
- Mandatory Counselling: Required participation in a provincial remedial program at your own expense (Ontario: Back on Track Program / Alberta: Planning Ahead Program)
- Ignition Interlock Requirement: Installation of an alcohol ignition interlock device in your vehicle for 1 year (at your cost)
- Criminal Record: A permanent record of conviction for impaired driving
Second Offence Penalties:
- Driver’s Licence Suspension: 3 years (if the previous conviction occurred within 10 years)
- Mandatory Jail Term: Minimum of 30 days
- Mandatory Counselling: Participation in a provincial impaired driving rehabilitation program (same as first offence)
- Ignition Interlock Requirement: Installation of an alcohol ignition interlock device in your vehicle for 1 year (at your cost)
2. Penalties for Refusing to Provide a Breath Sample
Refusing or failing to provide a breath sample when lawfully demanded by police is treated under Canadian law with the same severity as impaired driving itself. This offence demonstrates a refusal to cooperate with law enforcement and to comply with mandatory roadside or station testing.
A conviction for refusing to provide a sample results in an automatic criminal record and carries significant penalties, including fines, licence suspensions, and mandatory participation in rehabilitation programs. These penalties are designed to deter drivers from attempting to avoid impaired driving charges by refusing testing. Even a first offence can have serious, long-term consequences on your record, insurance, and ability to drive.
First Offence Penalties:
- Driving Prohibition: 1 year
- Fine: Minimum of $1,000
- Mandatory Counselling: Required participation in a provincial remedial program at your own expense (Ontario: Back on Track Program / Alberta: Planning Ahead Program)
- Ignition Interlock Requirement: Installation of an alcohol ignition interlock device for 1 year (at your cost)
Second Offence Penalties:
- Driver’s Licence Suspension: 3 years (if the previous conviction was within 10 years)
- Mandatory Jail Term: Minimum of 30 days
- Mandatory Counselling: Required participation in a provincial remedial program at your own expense (Ontario: Back on Track Program / Alberta: Planning Ahead Program)
- Ignition Interlock Requirement: Installation of an alcohol ignition interlock device for 1 year (at your cost)
3. Penalties for Over 80 mg
The offence of “Over 80” refers to operating a motor vehicle with a blood alcohol concentration (BAC) that exceeds 80 milligrams of alcohol in 100 millilitres of blood — or 0.08%. This charge is among the most common criminal driving offences in Canada and is treated extremely seriously under federal law.
Being convicted of “Over 80” not only results in a criminal record but also carries heavy financial penalties, mandatory participation in alcohol education programs, and licence suspensions. Repeat offences come with even more severe consequences, including mandatory jail time and long-term driving prohibitions. These laws are in place to discourage impaired driving and to protect public safety on Canadian roads.
First Offence Penalties:
- Driving Prohibition: 1 year
- Fine: Minimum of $1,000
- Mandatory Counselling: Required participation in a provincial remedial program at your own expense (Ontario: Back on Track Program / Alberta: Planning Ahead Program)
- Ignition Interlock Requirement: Installation of an alcohol ignition interlock device for 1 year (at your cost)
- Criminal Record: Permanent record of conviction for impaired driving
Second Offence Penalties:
- Driver’s Licence Suspension: 3 years (if the previous conviction was within 10 years)
- Mandatory Jail Term: Minimum of 30 days
- Mandatory Counselling: Required participation in a provincial remedial program at your own expense (Ontario: Back on Track Program / Alberta: Planning Ahead Program)
- Ignition Interlock Requirement: Installation of an alcohol ignition interlock device for 1 year (at your cost)
4. Penalties for Dangerous Driving
Dangerous Driving is a serious criminal offence under the Criminal Code of Canada and is treated similarly to impaired driving due to the significant risk it poses to public safety. This charge applies when a driver operates a motor vehicle in a manner that is deemed dangerous to the public, given the circumstances.
A conviction can result in a permanent criminal record, licence suspension, fines, and even imprisonment. The severity of the penalty often depends on whether the dangerous driving resulted in injury, death, or property damage. Because this is a criminal charge, it can have lasting consequences on employment, travel, and insurance — making skilled legal representation essential for anyone charged.
Penalties for Conviction:
- Driving Prohibition: 1 year
- Fine: Minimum of $1,000
- Jail Sentence: Possible term of imprisonment (length varies depending on the circumstances)
- Driver’s Licence Suspension: Automatic suspension for a minimum of one year
- Insurance Consequences: Significant increase in premiums or possible policy cancellation
Legal Considerations Under the Criminal Code:
- The offence applies when the accused operates a vehicle in a manner dangerous to the public.
- Mandatory Jail Term: Minimum of 30 days
- Mandatory Counselling: Required participation in a provincial remedial program at your own expense (Ontario: Back on Track Program / Alberta: Planning Ahead Program)
- The court will consider: The circumstances and actions of the accused, The nature, condition, and use of the location where the driving occurred & The amount of traffic present or reasonably expected at the time of the incident
5. Penalties for Theft Charges
Theft charges in Ontario can range from minor shoplifting incidents to more serious offences involving significant property or financial loss. A conviction for theft can result in a criminal record, fines, probation, and even imprisonment, depending on the value of the property and the circumstances of the offence.
However, for individuals facing first-time or low-value theft charges — such as shoplifting — there are alternatives available through the diversion program. This program provides eligible individuals the opportunity to take responsibility, attend educational or community-based programs, and avoid a criminal conviction. Successfully completing diversion can result in the charge being withdrawn or stayed, keeping your record clear.
Penalties (upon conviction):
- Fines, probation, or imprisonment (depending on the value of the theft and prior record).
- Restitution or repayment for stolen property.
- Possible travel and employment restrictions due to a criminal record.
6. Penalties for Assault
Assault charges in Canada vary in severity depending on the nature of the offence, the use of weapons, the extent of injuries caused, and the accused’s legal history. Convictions can lead to a permanent criminal record, fines, probation, and terms of imprisonment. Penalties increase with the seriousness of the assault, from minor altercations to violent attacks causing bodily harm or involving weapons. Legal representation is critical to ensure your rights are protected and to potentially reduce the severity of the penalties.
Examples of Assault Penalties
- Simple Assault:
- Applied for minor physical altercations with no significant injury.
- Maximum Penalty (summary conviction): 6 months imprisonment
- Other Potential Consequences: Criminal record, probation, and possible fines
- Assault with a Weapon or Causing Bodily Harm:
- Involves use of a weapon or results in physical injury to the victim.
- Maximum Penalty (summary conviction): 18 months imprisonment
- Maximum Penalty (indictable offence): 10 years imprisonment
- Other Potential Consequences: Criminal record, probation, fines, and possible restitution to the victim
- Aggravated Assault:
- Involves severe injury or life-threatening conduct.
- Maximum Penalty: 14 years imprisonment
- Other Potential Consequences: Permanent criminal record, significant fines, probation, and long-term impact on employment and travel
Key Considerations:
- Penalties vary depending on whether the charge is summary (less serious) or indictable (more serious).
- Courts consider severity of injury, intent, prior criminal history, and circumstances of the incident when determining penalties.
7. Penalties for Fraud
Fraud charges in Canada are determined largely by the monetary value involved and the circumstances surrounding the offence. Fraud can be prosecuted as either a summary conviction (less serious) or an indictable offence (more serious), and penalties increase with the severity of the fraud. Convictions can result in imprisonment, fines, and a permanent criminal record, with long-term implications for employment, travel, and financial credibility. Legal representation is crucial to navigate these charges and potentially reduce penalties.
Penalties Based on Fraud Amount
- Fraud Over $5,000:
- Considered an indictable offence.
- Maximum Penalty: 14 years imprisonment
- Other Consequences: Permanent criminal record, potential restitution to victims, probation, and fines
- Fraud Under $5,000:
- Indictable Offence (more serious case or prior convictions): Maximum imprisonment: 2 years
- Summary Conviction (less serious case): Maximum imprisonment of 6 months & fines up to $5,000
- Other Consequences: Criminal record, potential restitution, probation, and long-term financial and professional impact
Key Considerations:
- Courts take into account the amount of money involved, the circumstances of the offence, and any prior criminal history when determining sentencing.
- Even minor fraud convictions can have significant consequences on your professional and personal life, including difficulty obtaining employment or credit.
9. Penalties for Impaired Driving Causing Bodily Harm
Impaired driving causing bodily harm is one of the most serious traffic-related offences in Canada. Penalties are severe due to the potential for permanent injury or death to victims. The severity of the charge and penalties depends on factors such as the level of alcohol or drugs in your system, whether it is a first or repeat offence, and the extent of the harm caused. Convictions can result in substantial fines, lengthy imprisonment, and a permanent criminal record, making legal representation essential to protect your rights and potentially mitigate consequences.
Penalties Based on Type of Conviction
- Summary Conviction (less serious):
- Typically applies if it is your first offence and the harm caused was minimal.
- Fine: Minimum $1,000
- Prison Term: Maximum 2 years
- Other Consequences: Criminal record, potential license suspension, increased insurance rates
- Indictable Offence (more serious):
- Applies for repeat offences, serious injuries, or other aggravating circumstances.
- Fine: Minimum $1,000
- Prison Term: Maximum 14 years
- Other Consequences: Permanent criminal record, long-term impact on employment and travel, mandatory driving prohibitions, and potential probation
Key Considerations:
- Courts evaluate the severity of the injuries, the offender’s history, and circumstantial factors when deciding on penalties.
- Even a single conviction can have lasting personal and financial consequences, emphasizing the importance of expert legal counsel.
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