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What is robbery under the Criminal Code?

Section 343 of the Criminal Code states that everyone commits robbery who:

(a) steals and, for the purpose of extorting whatever is stolen, or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;
(b) steals from any person and, at the time they steal, or immediately before or immediately thereafter, wounds, beats, strikes, or uses any personal violence to that person;
(c) assaults any person with intent to steal from them; or
(d) steals from any person while armed with an offensive weapon, or an imitation thereof.

Robbery is considered a violent property offence. Unlike simple theft, robbery involves force, threats, or intimidation. Because of this, it is treated much more seriously by the courts.

Robbery charges can arise from many different situations, including street robberies, convenience store incidents, carjackings, or confrontations where property is taken using threats or violence. Even the use of an imitation weapon, or simply threatening harm while taking property, can result in a robbery charge.

What is the possible punishment for robbery?

Section 344 of the Criminal Code states that every person who commits robbery is guilty of an indictable offence and liable:

(a) if a restricted or prohibited firearm is used in the commission of the offence, or if any firearm is used and the offence is committed for the benefit of, at the direction of, or in association with a criminal organization, to imprisonment for life and to a minimum punishment of:
    (i) five years for a first offence; and
    (ii) seven years for a second or subsequent offence;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and a minimum punishment of four years; and

(b) in any other case, to imprisonment for life.

Even where no firearm is involved, robbery still carries a maximum penalty of life imprisonment. Sentences depend on the specific facts of the case, including:

• Whether a weapon was used
• Whether the victim was injured
• The amount of planning involved
• The accused’s prior criminal record
• The circumstances surrounding the offence

Additional consequences of a robbery conviction

A conviction for robbery can have serious long-term effects beyond any jail sentence. These may include:

• A permanent criminal record
• Difficulty obtaining employment
• Restrictions on international travel
• Immigration consequences for non-citizens
• Limitations on housing or professional licensing

Because robbery is considered a violent offence, it can significantly affect future bail hearings and sentencing in any subsequent cases.

Possible defences to a robbery charge

Every case is different, and there may be valid legal defences depending on the circumstances. Some common defence issues in robbery cases include:

• Mistaken identity: Many robbery cases rely on eyewitness testimony, which can be unreliable.
• Lack of intent: The Crown must prove there was an intent to steal using violence or threats.
• Insufficient evidence: The prosecution must prove the case beyond a reasonable doubt.
• Charter violations: Evidence may be excluded if police violated the accused’s rights, such as through an unlawful search, seizure, or arrest.
• Credibility issues: Witness inconsistencies or unreliable statements can weaken the Crown’s case.

An experienced criminal defence lawyer can review the evidence, challenge the Crown’s case, and determine the best strategy to protect your rights.

Mischief Over/Under Charges

What is mischief?

The definition of mischief is found in the Criminal Code at section 430. Generally, mischief occurs when a person does any of the following:

(a) destroys or alters property;
(b) renders property dangerous, useless, inoperative, or ineffective;
(c) obstructs, interrupts, or interferes with the lawful use, enjoyment, or operation of property; or
(d) obstructs, interrupts, or interferes with any person in the lawful use, enjoyment, or operation of property.

Mischief charges are common in Ontario and across Canada. They can arise in many everyday situations, such as damaging a vehicle, breaking windows, vandalizing buildings, interfering with utilities, or disrupting someone’s lawful use of their property. The offence does not always require permanent damage, temporarily interfering with the use of property can still result in a criminal charge.

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

If the value of the damaged property exceeds $5,000, the Crown attorney may seek a more serious punishment. Mischief over $5,000 is an indictable offence and carries a maximum penalty of up to ten years in prison.

If the value of the damaged property is $5,000 or less, the charge is considered less serious. Mischief under $5,000 is a hybrid offence, meaning the Crown can proceed either by indictment or by summary conviction, depending on the circumstances and the accused’s criminal history. When prosecuted by indictment, the maximum penalty is two years less a day in custody.

Additional factors that affect mischief charges

Under Canadian law, the seriousness of a mischief charge can also depend on the type of property involved. For example, the Criminal Code provides more severe penalties for mischief involving:

• Religious property, such as churches, mosques, synagogues, or temples, especially where the offence is motivated by bias, prejudice, or hate.
• War memorials or cenotaphs.
• Data or computer systems.
• Property used for essential infrastructure, such as transportation or utilities.

In some of these cases, the Criminal Code provides higher maximum penalties or mandatory minimum sentences.

Possible penalties and consequences

A conviction for mischief can lead to:

• A criminal record
• Fines
• Probation
• Restitution orders (payment for the damage caused)
• Jail time, depending on the severity of the offence

Even for lower-value mischief charges, a criminal record can affect employment opportunities, travel, immigration status, and professional licensing.

Defences to a mischief charge

Every case is different, and there may be valid legal defences available. Some common issues in mischief cases include:

• Lack of intent to damage or interfere with property
• Mistaken identity
• Ownership disputes or consent
• Violations of Charter rights during investigation or arrest

An experienced criminal defence lawyer can review the evidence, assess the strength of the Crown’s case, and determine the best strategy for your situation.

How drugs and alcohol affect your driving

Many drugs, even those prescribed by a doctor or purchased over the counter, can impair your ability to drive safely. For example, smoking, vaping, or consuming cannabis can increase your risk of being involved in a motor vehicle collision. If you are unsure whether it is safe for you to drive while taking your medication, talk to your doctor or pharmacist.

The Canadian Society of Forensic Science recently released a report stating that impairment from cannabis begins almost immediately and can last up to six hours or more, depending on factors such as THC levels and how it is consumed. Frequent, high-dose THC users may experience even longer periods of impairment. However, since the effects of cannabis vary, there is no way to know exactly how long to wait before it is safe for you to drive.

The best way to avoid impaired driving is not to take a chance. If you are using cannabis, plan another way home.

Alcohol—even one drink—can reduce your ability to react to sudden events. The effects of alcohol also include blurred or double vision, impaired attention, and slowed reflexes. Alcohol-impaired driving is one of the leading causes of death on Ontario’s roads.

What counts as impaired driving

Impaired driving means operating a vehicle (including cars, trucks, boats, snowmobiles, and off-road vehicles) while your ability to do so has been compromised to any degree by consuming alcohol, drugs, or a combination of the two.

Fully licensed drivers

Throughout Canada, the maximum legal blood alcohol concentration (BAC) for fully licensed drivers is under 80 milligrams of alcohol in 100 millilitres of blood (0.08). Driving with a BAC of 0.08 or higher is a criminal offence, and the penalties are severe.

In Ontario, you will also face serious consequences if your BAC is between 0.05 and 0.08. This is commonly referred to as the “warn range.” If police determine that you are driving while impaired by any drug—including illegal drugs, cannabis, prescription medications, or over-the-counter drugs, you will face severe consequences and criminal charges.

Zero tolerance for young, novice, and commercial drivers

Young and novice drivers

Drivers aged 21 or under, and novice drivers of any age (with G1, G2, M1, or M2 licences), must not have any presence of alcohol in their blood when behind the wheel. This is commonly referred to as the “zero BAC” or “zero tolerance” rule.

Young and novice drivers are also prohibited from having any presence of cannabis in their system, as well as other drugs detectable using approved screening equipment. Ontario has a zero-tolerance approach to both alcohol and drugs for all young and novice drivers.

If police determine that you have cannabis or alcohol in your system, or that you are impaired by any substance—including illegal drugs, prescription drugs, or over-the-counter medications—you will face severe consequences and potential criminal charges.

Commercial drivers

As of July 1, 2018, drivers of vehicles requiring an A–F class licence, vehicles requiring a Commercial Vehicle Operator’s Registration (CVOR), and road-building machines are prohibited from having any presence of alcohol in their blood when operating these vehicles. These drivers are also prohibited from having any presence of cannabis or other detectable drugs in their system.

If police determine that you have alcohol or cannabis in your system, or that you are impaired by any substance, you will face severe consequences and potential criminal charges.

Medical cannabis users

If a police officer is satisfied that you are legally authorized to use cannabis for medical purposes, you will not be subject to Ontario’s zero-tolerance drug requirements for young, novice, and commercial drivers. However, you can still face penalties and criminal charges if the officer determines that your ability to drive has been impaired.

Even if you have been authorized to use cannabis or another drug by a health-care professional, it is your responsibility to ensure you are not impaired while driving.

Penalties for impaired driving

If police determine that you are driving while impaired, you will face immediate penalties. You may also face additional consequences later if you are convicted in court. Penalties vary depending on your age, licence type, the amount of alcohol or drugs in your system, and your prior convictions.

Immediate penalties

Penalties for a BAC in the warn range, failing a standardized field sobriety test, or violating zero tolerance

If your BAC is 0.05 or higher, you fail a roadside sobriety test, or you violate zero-tolerance requirements, you may face:

First offence

• 3-day licence suspension (cannot be appealed)
• $250 penalty

Second offence within 5 years

• 7-day licence suspension (3-day suspension for commercial drivers)
• $350 penalty
• Mandatory education program (for a second occurrence within 10 years)

Third and subsequent offences within 5 years

• 30-day licence suspension (3-day suspension for commercial drivers)
• $450 penalty
• Mandatory treatment program (for third and subsequent occurrences within 10 years)
• Ignition interlock device for at least six months
• Mandatory medical evaluation (for a fourth and subsequent offence within 10 years)

You will also face a $281 licence reinstatement fee each time your licence is suspended. Young or novice drivers may also be charged under the Highway Traffic Act and face additional suspensions and fines.

Penalties for a BAC over the legal limit, refusing testing, or impairment

If you refuse a test, register a BAC over 0.08, or a drug recognition evaluator determines you are impaired, you may face:

• 90-day licence suspension
• 7-day vehicle impoundment
• $550 penalty
• $281 licence reinstatement fee
• Mandatory education or treatment program (for repeat occurrences)
• Ignition interlock device for repeat offences

Additional penalties if convicted in court

If you are a young or novice driver convicted for violating zero-tolerance requirements, your licence will be suspended again for at least 30 days, along with an additional fine of $60–$500.

If you are criminally convicted of impaired driving, you may face fines, jail time, and:

First offence

• Licence suspension of at least 1 year
• Mandatory education or treatment program
• Ignition interlock for at least 1 year

Second offence within 10 years

• Licence suspension of at least 3 years
• Mandatory program
• Ignition interlock for at least 3 years
• Mandatory medical evaluation

Third or subsequent offence within 10 years

• Lifetime licence suspension (possible reduction after 10 years)
• Mandatory program
• Ignition interlock for at least 6 years
• Mandatory medical evaluation

How police detect impaired drivers

Ontario has police officers trained to detect impaired drivers and remove them from the road.

Standardized field sobriety test
If an officer suspects impairment, they may conduct a roadside test. Failing the test can result in an immediate suspension and criminal charges.

Breath testing
An officer may demand a roadside breath sample. Failing or refusing the test can result in suspension and criminal charges.

Drug recognition evaluation
If there are reasonable grounds, a qualified officer may conduct a drug recognition evaluation at a police station.

Approved drug screening devices
If an officer suspects drugs in a driver’s body, they may demand an oral fluid sample. If drugs are detected, young, novice, and commercial drivers may face immediate suspension.

Tips to avoid impaired driving

• Plan a safe way home: use a designated driver, public transit, taxi, ride share, or stay overnight.
• Ask your doctor or pharmacist about side effects related to driving.
• Read medication labels carefully.
• Remember that combining drugs and alcohol increases impairment.