(416) 658-1818free case evaluation 1

How Discharges Work in Canadian Criminal Law

A discharge is a finding of guilt that does not result in a criminal conviction. If you are eligible, it is one of the most important outcomes a criminal defence lawyer can pursue on your behalf. If you are charged with a criminal offence, one of the primary goals is often to avoid a criminal record. One way to accomplish this is by obtaining a discharge under Section 730(1) of the Criminal Code. A discharge is a disposition from the court after a finding of guilt that does not constitute a conviction. It is not a criminal record in the traditional sense. The finding of guilt is recorded, but it does not appear as a conviction and is eventually removed from your record entirely. Who Is Eligible for a Discharge Not everyone who pleads guilty or is found guilty can receive a discharge. Eligibility depends on who you are and what offence you are facing. Discharges are only available to individuals. An organization such as a corporation charged with an offence cannot obtain a discharge. The offence itself must also fall into the right category. For discharge purposes, offences break down into three groups. Offences with a minimum punishment prescribed by law If the Criminal Code sets a mandatory minimum sentence for an offence, a discharge is not available. For example, using a firearm in the commission of an offence under Section 85(3) carries a minimum sentence of one year…
It is legal to burn the Canadian flag.

This article provides general legal information only and should not be construed as legal advice. Laws and their interpretation may change, and the application of law to specific circumstances requires professional legal assessment. If you have questions about a legal matter, please contact us for a free consultation.

jonathan pyzer member page
Jonathan Pyzer

Jonathan Pyzer, B.A., L.L.B., is an experienced criminal defence lawyer and distinguished alumnus of McGill University and the University of Western Ontario. As the founder of Pyzer Criminal Lawyers, he brings over two decades of experience to his practice, having successfully represented hundreds of clients facing criminal charges throughout Toronto.

Request a Free Case Evaluation
Request Free Case Evaluation (#7)
cc470f88f44623e089d029d5d82ac01a721de89d3e234a07e395b544cdd7994e1e84f089a5134fc9a05a79762569fb172ca78c4ba562437528f7224ab60d4de8d5188cec925a9f154dcee647500bae18 215875d5fcc6be39e83c230aba39ce05e6dc5ab4b

5.0

Request a Free Case Evaluation

Request Free Case Evaluation (#7)
cc470f88f44623e089d029d5d82ac01a721de89d3e234a07e395b544cdd7994e1e84f089a5134fc9a05a79762569fb172ca78c4ba562437528f7224ab60d4de8d5188cec925a9f154dcee647500bae18 215875d5fcc6be39e83c230aba39ce05e6dc5ab4b
5.0
Trusted by over 150+ people
Call Us 24/7