Criminal Lawyers in Prince Edward Island

Legislation that applies in Prince Edward Island

Criminal Code, R.S.C. 1985, c. C-46

The federal statute that defines almost every criminal offence in Canada and sets out bail, trial procedure, sentencing and appeal rules. Criminal law is a federal head of power under section 91(27) of the Constitution Act, 1867, so the same Criminal Code applies in every province and territory.

Controlled Drugs and Substances Act

The federal statute governing possession, trafficking, importing and production of controlled substances. These prosecutions are conducted by the Public Prosecution Service of Canada.

Canadian Charter of Rights and Freedoms

Sections 7 through 14 protect the rights engaged in every criminal case, including the right to counsel under section 10(b), the right to be secure against unreasonable search under section 8, and the right to trial within a reasonable time under section 11(b).

Youth Criminal Justice Act

Governs proceedings against anyone who was twelve to seventeen at the time of the alleged offence, with its own sentencing principles, privacy protections and diversion options.

What happens after a criminal charge in Prince Edward Island

1. 1

   Arrest, release or bail

   Police either release the accused on an undertaking or hold them for a bail hearing under section 515 of the Criminal Code. Section 11(e) of the Charter guarantees the right not to be denied reasonable bail without just cause, and R. v. Antic requires the court to consider the least onerous form of release first.

2. 2

   First appearance and disclosure

   The first court date is administrative. Counsel obtains Crown disclosure, which includes the police notes, witness statements, video and any expert reports. Disclosure is a constitutional obligation under R. v. Stinchcombe and drives every decision that follows.

3. 3

   Crown resolution discussions

   Counsel meets with the prosecutor to test the strength of the case, raise weaknesses, and explore resolutions such as diversion, a peace bond under section 810, a plea to a lesser offence, or withdrawal of the charge.

4. 4

   Election, pre-trial and Charter applications

   For indictable offences the accused elects the mode of trial. A judicial pre-trial is held, and written notice of any Charter application under sections 8, 9, 10(b) or 11(b) must be filed within the timelines set by the court's practice direction.

5. 5

   Trial and sentencing

   At trial the Crown must prove every element beyond a reasonable doubt. If there is a finding of guilt, sentencing follows the principles in sections 718 to 718.2 of the Criminal Code, including the requirement to consider the circumstances of Indigenous offenders under section 718.2(e).

Frequently asked questions

Which court will my criminal charge be heard in Prince Edward Island?

Almost every criminal charge in Prince Edward Island starts in the Provincial Court of Prince Edward Island. If you are charged with an indictable offence you may be able to elect trial in the Supreme Court of Prince Edward Island, by judge alone or by judge and jury, and offences listed in section 469 of the Criminal Code must be tried there.

Who prosecutes criminal charges in Prince Edward Island?

Criminal Code prosecutions in Prince Edward Island are conducted by the Crown Attorneys' Office of the Department of Justice and Public Safety. Prosecutors are not the police and they exercise independent discretion over whether a charge proceeds, what resolution is acceptable, and what position to take on sentence.

Can I get legal aid for a criminal charge in Prince Edward Island?

Prince Edward Island Legal Aid may cover representation if you meet its financial eligibility and coverage criteria, which generally focus on income and on whether the charge carries a realistic likelihood of imprisonment. Duty counsel at the courthouse can assist with a first appearance or a bail hearing regardless of whether you have a certificate.

How long does a criminal case take in Prince Edward Island?

It depends on the complexity of the charge and the local court's capacity. R. v. Jordan sets presumptive ceilings of eighteen months from charge to the end of trial in the provincial or territorial court, and thirty months where there is a preliminary inquiry or the trial is in the superior court. Delay beyond those ceilings is presumptively unreasonable and can support a stay under section 11(b) of the Charter.

Do I need a lawyer who practises in Prince Edward Island?

Yes. While the Criminal Code is federal, counsel must be licensed to practise in Prince Edward Island, and local knowledge of the courthouse, the assigned prosecutors and the local practice directions has a real effect on how a case is managed and resolved.

Courts, prosecutors and legislation referenced on this page