Charged With Robbery in Nunavut? What Happens Next

A robbery charge is one of the more serious charges a person can face in Canada. If you or someone in your family has just been charged in Nunavut, this guide explains, step by step, what the charge means, what usually happens next and where to get help. Remember that everyone charged with an offence is presumed innocent unless the Crown proves guilt beyond a reasonable doubt.

What a robbery charge means

Robbery is defined in section 343 of the Criminal Code, and the punishment is set out in section 344. In simple terms, robbery is theft combined with violence, threats or a weapon. Under section 343, a person commits robbery if they:

• steal, and use violence or threats of violence against a person or property to take the item or to stop someone from resisting;
• steal from a person and, at the time, wound, beat, strike or use personal violence against that person;
• assault a person with the intent to steal from them; or
• steal from a person while armed with an offensive weapon or an imitation of one.

People often say "armed robbery", but that is not a separate offence. Robbery with a weapon is still robbery under section 343, although a firearm can change the penalty.

What the Crown must prove

The Crown is the prosecutor who presents the case against you. To convict you of robbery, the Crown must prove beyond a reasonable doubt that you were the person involved, that a theft (or an assault with intent to steal) took place, and that it was combined with violence, threats or a weapon in one of the ways listed above. If the Crown cannot prove one part, a court may still find a person guilty of a lesser included offence such as theft or assault, depending on the evidence.

Offence type

Robbery is a straight indictable offence. Unlike many offences that became hybrid after the 2019 reforms, it cannot be prosecuted by summary conviction. The maximum penalty is life imprisonment. For a broader national overview, see our guide to robbery under the Criminal Code.

What happens after a robbery charge in Nunavut

Arrest and release

After an arrest, police may release you with an undertaking, which is a written promise to attend court and follow certain conditions. If police keep you in custody, you must be brought before a justice, usually within 24 hours, for a bail hearing. If the justice releases you, the terms are set out in a release order.

For robbery, conditions often include:

• no contact with the complainant or witnesses, directly or indirectly;
• staying away from certain places, such as a store or home;
• not possessing weapons;
• a curfew, or living at a set address;
• in some cases, not consuming alcohol or drugs.

Normally the Crown must justify keeping you in custody. In some situations, such as if you were already on release for another indictable offence or certain firearm allegations are involved, the burden shifts and you must show why you should be released. Breaking any condition is a separate criminal offence, so read your paperwork carefully.

Who prosecutes in Nunavut

In the territories, Criminal Code offences are prosecuted by the Public Prosecution Service of Canada (PPSC), a federal prosecution service. Police generally lay the charge, and a PPSC Crown prosecutor reviews the file and decides whether the case should continue, change or be withdrawn.

First appearance

Nunavut has a single unified trial court, the Nunavut Court of Justice, which hears criminal cases from first appearance through to trial. Your undertaking or release order will say when and where you must first appear. At the first appearance you are not usually asked to plead or tell your side of the story. The case is often adjourned so you can get a lawyer and receive the evidence.

Disclosure

Disclosure is the Crown's evidence: police reports, witness statements, video, photos and anything else relevant. You have a constitutional right to receive it. Your lawyer will review it before giving advice about the strength of the case.

No Crown election: your election instead

For hybrid offences, the Crown chooses whether to proceed summarily or by indictment. Because robbery is indictable only, there is no Crown election. Instead, you usually choose how you want to be tried: by a judge alone or by a judge and jury. Because robbery carries a maximum of life imprisonment, you can also request a preliminary inquiry, a hearing where a judge decides whether there is enough evidence to go to trial. This is an important strategic decision to make with a lawyer.

Resolution or trial

Many cases end without a full trial. The Crown may withdraw or stay the charge, the parties may agree on a resolution, or the case may go to trial. Only you can decide how to plead, ideally after legal advice.

Typical timeline

Robbery cases can take many months. Under the Supreme Court of Canada's Jordan decision, delay is presumed unreasonable if a case takes longer than 18 months in provincial court, or 30 months for cases in superior court or after a preliminary inquiry. Because the Nunavut Court of Justice is a unified court, which ceiling applies can depend on how your case proceeds. Delay you cause yourself does not count.

Possible penalties for robbery

Firearm sentencing laws have changed several times in recent years and remain under debate, so a lawyer should confirm the current rules for your situation.

What sentences can look like in practice

The maximum is rarely imposed. Sentences vary widely depending on the facts.

• Discharges are not available. An absolute or conditional discharge (a finding of guilt with no conviction recorded) cannot be given for an offence with a maximum of life imprisonment.
• Suspended sentence and probation: where no minimum applies, a court can suspend sentence and impose probation, a period of supervision in the community with conditions. This is uncommon for robbery but can happen in less serious cases.
• Conditional sentence: since Bill C-5, a conditional sentence (a jail sentence of less than two years served in the community under strict conditions, often including house arrest) may be possible where no mandatory minimum applies and the judge is satisfied it would not endanger the community.
• Jail: custody is common for robbery. Sentences of two years or more are served in a federal penitentiary.
• Fine: possible in law where no minimum applies, but rarely used alone for robbery.

Courts also usually impose a mandatory weapons prohibition for indictable offences involving violence, may order a DNA sample, and can order restitution to the victim.

Factors that matter

Judges look at the level of violence, whether a weapon was used, any injury, the vulnerability of the victim, planning, your role, your age and any prior record. Mitigating factors can include an early guilty plea, remorse, steps toward rehabilitation and community support. For Inuit and other Indigenous people, section 718.2(e) of the Criminal Code requires the judge to consider their circumstances and background (often called Gladue principles), which is especially relevant in Nunavut. People under 18 are dealt with under the Youth Criminal Justice Act, which has different rules.

Other consequences in Nunavut

Criminal record

A robbery conviction creates a criminal record. Because robbery is indictable, you can apply to the Parole Board of Canada for a record suspension only after 10 years have passed since your whole sentence was completed (the waiting period is 5 years for summary offences). Eligibility rules can change, so check before applying.

Travel, immigration and work

• Travel to the United States: a robbery conviction can make you inadmissible to the US, and you may need a waiver to enter. Even a pending charge can cause problems at the border.
• Immigration: for non-citizens, including permanent residents, robbery is treated as serious criminality because of its maximum penalty. A conviction can lead to loss of status and removal. Get immigration advice before any plea.
• Employment: a record can affect jobs involving money, security, vulnerable people or travel, and some professional licences.

Common defences and issues a lawyer will look at

Every case is different, but a lawyer defending a robbery charge will often look at:

• Identification: robberies can happen quickly, sometimes with face coverings. Eyewitness identification is known to be unreliable, and video may be unclear.
• Whether a theft occurred: if you honestly believed you had a right to the property ("colour of right"), there may be no theft and therefore no robbery.
• The link between violence and theft: a fight and a theft at different times may not amount to robbery.
• The weapon: whether an object was actually an offensive weapon or imitation, and whether it was a firearm, can affect the charge and the penalty.
• Party liability: simply being present is not enough; the Crown must prove you took part or helped.
• Statements: whether anything you told police was voluntary and can be used.

Charter issues

A lawyer will also check whether your rights under the Canadian Charter of Rights and Freedoms were respected, including the right against unreasonable search and seizure (s. 8), the right not to be arbitrarily detained (s. 9), and the right to speak with a lawyer without delay on arrest (s. 10(b)). Unreasonable delay (s. 11(b)) or incomplete disclosure can also be raised. A breach may lead to evidence being excluded or, in some cases, a stay of proceedings.

How common is a robbery charge in Nunavut?

According to Statistics Canada police-reported data, Nunavut recorded a robbery rate of 47.81 per 100,000 people in 2025, with 20 incidents and 15 persons charged. That was below the Canada-wide rate of 55.05.

The two years before were higher. In 2024, Nunavut's rate was 74.86 (31 incidents, 17 persons charged), above the national rate of 58.62. In 2023 it was 63.88 (26 incidents, 16 persons charged), also above Canada's 59.39. From 2016 to 2022, Nunavut's rate stayed below the national rate, ranging from 19.77 (2022) to 39.91 (2021).

Because Nunavut's population is small, a few incidents can move the rate a lot from year to year. Explore more figures on our Nunavut crime statistics page, and follow local cases on our Nunavut crime news page.

If you are the victim or complainant

If you were robbed, your safety comes first. If you are in danger, contact police right away. You can report a robbery after the fact too; give police as much detail as you can and keep any evidence, such as messages or receipts for stolen items.

Police investigate and may lay a charge. In Nunavut, a PPSC Crown prosecutor then handles the case. The Crown represents the public, not you personally, but should keep you informed. Under the Canadian Victims Bill of Rights, you have rights to information, protection and participation. Ask police or the Crown about victim services available in Nunavut.

• No-contact conditions: the accused's release terms will often forbid contact with you. Report any breach to police.
• Peace bond: a peace bond under section 810 is a court order requiring someone to keep the peace and follow conditions, such as staying away from you. It can be sought even without a conviction if you have reasonable grounds to fear harm.
• Victim impact statement: if there is a conviction, you can describe how the crime affected you before sentencing.
• Restitution: you can ask the court to order repayment for property losses and certain expenses.

You are also entitled to get your own independent legal advice about your rights and options.

When to speak with a robbery lawyer in Nunavut

The best time to speak with a criminal defence lawyer is as early as possible: ideally before you talk to police, and certainly before your first appearance. You have the right to remain silent. Politely say you want to speak with a lawyer before answering questions. A lawyer can help with bail, explain your release conditions, review disclosure, advise on your election and spot defences.

If you cannot afford a lawyer, contact the Legal Services Board of Nunavut, which provides legal aid. Because robbery can lead to jail, people charged often qualify for help, though eligibility depends on your circumstances.

People charged can request a free, confidential first consultation through an independent criminal defence lawyer at our free consultation page, and victims can do the same through our victim consultation page.

This guide is general information about the law in Nunavut and Canada, not legal advice. Laws change and every case depends on its own facts, so speak with a lawyer about your situation.

Frequently asked questions

Is robbery a summary or indictable offence in Canada?

Robbery under section 343 of the Criminal Code is a straight indictable offence. It cannot be prosecuted by summary conviction, so the Crown does not make an election. The maximum penalty is life imprisonment. Because it is indictable, the person charged can usually choose to be tried by a judge alone or by a judge and jury, and can request a preliminary inquiry. In Nunavut, the case is heard at the Nunavut Court of Justice.

What is the sentence for robbery in Nunavut?

There is no single sentence. The maximum is life imprisonment, but most sentences are far lower and depend on the violence, any weapon, injuries, your record and personal circumstances, including Gladue factors for Inuit and other Indigenous people. Jail is common, but a suspended sentence with probation or a conditional sentence may be possible where no mandatory minimum applies. Robbery with a restricted or prohibited firearm carries a minimum of 5 years for a first offence.

Can I get a discharge for a robbery charge?

No. An absolute or conditional discharge, where a person is found guilty but no conviction is recorded, is not available for offences with a maximum penalty of 14 years or life imprisonment. Robbery carries a maximum of life, so a discharge cannot be ordered. However, a charge may still be withdrawn, stayed, reduced to a lesser offence or end in an acquittal, depending on the evidence. A lawyer can explain the options in your case.

What is the difference between robbery and theft?

Theft is taking property without a right to it. Robbery is theft combined with violence, threats of violence, an assault with intent to steal, or being armed with an offensive weapon or imitation weapon. That added element of force or danger is why robbery is treated much more seriously, with a maximum of life imprisonment. If the Crown cannot prove the violence or weapon element, a court may convict of a lesser included offence such as theft or assault instead.

Will I be released on bail after a robbery charge?

Many people charged with robbery are released, either by police on an undertaking or by a justice on a release order after a bail hearing. Conditions often include no contact with the complainant, staying away from certain places and not having weapons. Release is not guaranteed, and in some situations, such as being on release for another indictable offence or certain firearm allegations, you must show why you should be released. A lawyer can help at the bail hearing.

Do I need a robbery lawyer in Nunavut?

Robbery is a serious indictable charge that can lead to jail, a criminal record, a weapons prohibition and immigration consequences, so legal advice is strongly recommended. A lawyer can help with bail, review the Crown's disclosure, advise on your trial election and identify defences or Charter issues. If cost is a concern, contact the Legal Services Board of Nunavut about legal aid, or request a free first consultation through an independent criminal defence lawyer.