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How long does the police have to lay charges against me?

Verified 31 July 2026 Law of Quebec and Canada General information, not legal advice

In the United States? This answer is Québec and Canadian law. The US side of this site answers different questions, state by state: different law, and different coverage. Go to the US side

Short answer

In Canada, there is no limitation period for indictable offences: charges can be laid years later. For offences prosecuted by summary conviction, section 786(2) of the Criminal Code sets a 12-month limit running from the time the alleged act took place, unless the parties agree otherwise.

In detail

The Criminal Code distinguishes three categories: offences punishable on summary conviction (the least serious), indictable offences (the most serious) and hybrid offences, where the prosecutor chooses which route to take.

For summary conviction proceedings, section 786(2) provides that proceedings are prescribed twelve months after the time when the subject-matter of the proceedings arose. The clock therefore starts running on the date of the offence, and not on the date of the complaint or of its discovery.

For indictable offences, no limitation period applies. That is what allows prosecutions long after the fact, in sexual assault cases for example.

For hybrid offences, the prosecutor's election determines which regime applies · which explains why the same act can be time-barred or not depending on the route chosen.

What to document

Write down the precise date of the acts alleged against you, the date of the complaint if you know it, and the date you were informed of the charge. Keep every document showing those dates: they are what the calculation is based on.

Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.

Open the application Up to 3 files, no card · see the plans

And to put it in order: our free tools · number your exhibits, set your facts in date order, request a copy of your file. No account, and nothing leaves your browser.

Official sources

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What this page is not

This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.