Legal Project Management Plan & Checklist
How to defend against robbery charges under section 343 of the Criminal Code of Canada in the Ontario Court of Justice.
What are the mandatory minimum sentences for robbery in Canada?: Following the Supreme Court decision in R. v. Hilbach and the passage of Bill C-5, mandatory minimums of 5 years (first offence) and 7 years (subsequent offence) apply only under s. 344(1)(a) if a restricted or prohibited firearm is used, or if any firearm is used in association with a criminal organization. For robberies committed with an ordinary firearm or other weapons, there is no mandatory minimum under s. 344(1)(b), though the maximum penalty remains life imprisonment.
What are the constitutional delay limits (Jordan ceilings) for robbery trials?: For matters proceeding in the Ontario Court of Justice (OCJ) without a preliminary inquiry, the constitutional delay ceiling under section 11(b) of the Charter is 18 months from the date the Information is sworn to the end of the trial. If the net delay exceeds 18 months (subtracting defence-caused delays), the defence can bring an application for a stay of proceedings.
Defend robbery charges under s. 343 of the Criminal Code in the Superior Court of Justice. Guide to requesting and executing a preliminary inquiry in Canada.
When does a reverse onus apply for bail in a robbery case?: A reverse onus under section 515(6) of the Criminal Code applies if the robbery is alleged to have been committed with any firearm, or if committed with another weapon and the accused has a prior conviction within the last 5 years for a violent offence involving a weapon. It also applies if the offence involves intimate partner violence.
Jurisdiction: Ontario Court of Justice.
The Process at a Glance: The matter begins with client intake and conflict checking. If the client is in custody, a release plan must be structured for a bail hearing, often contending with a reverse onus. Counsel executes Form CAO-650.01 to appear on routine dates. Defence counsel must audit initial disclosure and demand missing evidence under Stinchcombe. A mandatory Crown Pre-Trial (CPT) and Judicial Pre-Trial (JPT) must be held to discuss resolution or set trial estimates. The client elects their mode of trial. In this OCJ pathway, the matter proceeds directly to trial without a preliminary inquiry. Post-trial, if convicted, counsel mitigates sentencing regarding weapons prohibitions and DNA orders.
Key Legislation and Case Law: The offence is defined in the Criminal Code, RSC 1985, c C-46, s 343, with punishments in s 344. Key constitutional delay limits are established by R. v. Jordan, 2016 SCC 27. The Crown's disclosure obligations are governed by R. v. Stinchcombe, [1991] 3 SCR 326. Mandatory weapons prohibitions fall under s 109, and DNA orders under s 487.051.
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