When people talk about the statute of limitations, they’re usually thinking about time limits on when someone can be charged with a crime.
In Canada, the rules are different than in many other countries, especially the United States.
Knowing whether there is a statute of limitations on certain offences in Canada can help you understand your rights and how the justice system works.
In this guide, we’ll break down what you need to know.
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The statute of limitations in Canada applies only to summary conviction offences.
These are less serious offences, and the law requires that charges be laid within 12 months of the alleged offence.
There is an exception: a summary conviction proceeding may still go ahead after 12 months, but only if both the prosecutor and the defendant agree.
For indictable offences — which cover more serious crimes — there is no statute of limitations.
This means charges can be brought at any time, even decades after the alleged event.
In Canada, the statute of limitations only applies to summary conviction offences (12 months, unless both sides agree otherwise). Indictable offences have no statute of limitations.
Yes, but only in limited circumstances.
Canada’s Criminal Code sets out a one-year limitation period for most summary offences.
Indictable offences, including serious crimes like murder, have no limitation period.
This is different from many jurisdictions around the world, where limitation periods can apply even to serious crimes.
Understanding the difference between summary and indictable offences is key to knowing how the statute of limitations works in Canada.
| Offence Type | Limitation Period | Examples |
| Summary Conviction | Must be charged within 12 months (unless both sides consent to proceed later) | Causing a disturbance, minor theft under $5,000 |
| Indictable | No limitation period | Murder, robbery, aggravated assault |
| Hybrid | Treated as indictable until Crown elects. If Crown proceeds summarily, the 12-month limit applies; if indictable, no limit. | Sexual assault, fraud under $5,000, assault causing bodily harm |
Many serious offences in Canada have no statute of limitations.
That means someone can be charged many years after the alleged act.
Examples include:
Because of this, it’s not uncommon to see charges brought decades later, particularly in cases where new evidence surfaces.
The main reason statutes of limitations exist is to protect fairness in the legal process.
Over time, evidence can be lost, and witnesses may forget details.
Limitation periods are designed to make sure charges for minor offences are dealt with promptly.
For serious crimes, however, Canada does not limit when charges can be brought.
This reflects society’s view that these offences should always be prosecutable.
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In the United States, statutes of limitations apply more broadly, even to certain serious offences.
For example, federal law sets limitation periods for crimes like fraud, tax offences, or even some violent crimes.
Murder and a handful of other offences usually have no limitation period, but many others do.
Canada takes a different approach.
Here, the statute of limitations is much narrower.
It applies only to summary conviction offences, and the time limit is 12 months (unless both the prosecutor and defendant agree otherwise).
For indictable offences, there is no limitation period at all.
This difference means that while some charges in the U.S. may expire after a set time, in Canada most serious criminal charges remain possible indefinitely.
If you or someone you know is facing charges long after an alleged event, it can be overwhelming and confusing.
Laws around limitation periods and how they apply to different offences are not always straightforward.
Speaking with a criminal defence lawyer can help you understand your rights and the possible legal strategies.
We here at Browne Criminal Defence, based in Calgary, Alberta, advise individuals on a wide range of criminal law matters, including cases where limitation periods may be a factor.
Contact us today to speak with our criminal defence lawyer.
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What is the statute of limitations in Canada?
In Canada, the statute of limitations applies only to summary conviction offences, which must be charged within 12 months unless both sides agree otherwise. Indictable offences have no statute of limitations.
Does Canada have a statute of limitations?
Yes, but only for summary offences. Indictable offences, including serious crimes like murder, can be prosecuted at any time.
How long can charges be pending in Canada?
For summary offences, charges must be laid within 12 months. For indictable offences, there is no time limit, so charges can be pending indefinitely.
Which crimes have no statute of limitations in Canada?
Murder, robbery, kidnapping, serious fraud, and any indictable offence have no limitation period. For hybrid offences, it depends on how the Crown proceeds.
What happens with hybrid offences after 12 months?
Hybrid offences are treated as indictable until the Crown elects. If the information is laid after 12 months, the Crown can still choose to proceed by indictment (no time limit).
Why do some offences have a statute of limitations?
It helps ensure fairness by requiring less serious offences to be prosecuted while evidence is still fresh.
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