Charged With Robbery in Quebec? What Happens Next

What a robbery charge means in Quebec

Robbery is defined in section 343 of the Criminal Code, and the penalty is set out in section 344. The Criminal Code applies everywhere in Canada, so the offence is the same in Montreal, Quebec City, Laval or anywhere else in the province. What differs is how charges are approved, which courts hear the case and what local support exists.

Robbery is essentially 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 get the item or to overcome resistance;
• steal from a person and, at the time or immediately before or after, wound, beat, strike or use personal violence against that person;
• assault a person with intent to steal from them; or
• steal from a person while armed with an offensive weapon or an imitation of one.

The Crown (the prosecutor who represents the state) must prove every element beyond a reasonable doubt. That usually includes that you were the person involved, that there was a theft or an intent to steal, and that violence, threats or a weapon were part of it. You are presumed innocent unless and until that happens.

Robbery is a straight indictable offence. Unlike many offences that became hybrid after the 2019 reforms (Bill C-75), it cannot be prosecuted by the simpler summary procedure. For a broader explanation of the offence across Canada, see our national guide to robbery.

What happens after a robbery charge in Quebec

Arrest and release

Because robbery is treated as a violent offence, police often hold the person arrested for a bail hearing rather than releasing them from the station. A hearing must normally take place within 24 hours, before a justice or judge.

If you are released, it may be on an undertaking (a written promise to appear in court and follow conditions) or on a release order made by a judge. Common conditions include no contact with the complainant or witnesses, staying away from certain places, a curfew, not possessing weapons, and living at a set address. In some situations, such as alleged firearm use, the law may place the burden on you to show why you should be released. Breaking a condition is a separate criminal offence and can lead to re-arrest.

If you are under 18, the case falls under the Youth Criminal Justice Act, which has different procedures and sentences.

Who decides on charges in Quebec

Quebec has pre-charge screening. Police investigate and send their file to the Directeur des poursuites criminelles et pénales (DPCP), and a DPCP prosecutor decides whether to authorize a charge and which charge to lay. This means you may be released after an arrest and only learn later whether a charge was approved, or the charge laid may differ from what police mentioned at the time of arrest.

First appearance and disclosure

Cases begin in the Court of Québec (criminal and penal division). The first appearance is usually short: the charge is read or confirmed, release issues may be dealt with, and the case is adjourned. You do not enter a plea or argue your case that day.

The Crown must then provide disclosure, meaning the evidence it has gathered: police reports, witness statements, surveillance video, photos, phone records and so on. Your lawyer reviews this before advising you on next steps. You have the right to a trial in English or French.

Your election and the trial

Because robbery is indictable only, there is no Crown election between summary and indictable procedure. Instead, you generally choose (elect) your mode of trial: a Court of Québec judge alone, a Superior Court judge alone, or a Superior Court 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.

Many cases resolve without a full trial, for example through withdrawal of charges, a plea to a different offence, or a joint sentencing proposal. Others go to trial. Your lawyer can explain the options; the decision on how to plead is yours.

Timeline

Robbery cases often take many months. Under the Supreme Court of Canada's Jordan framework, delay is presumed unreasonable if a case takes more than 18 months from charge to the end of trial in provincial court, or 30 months in superior court, subject to exceptions and delay caused by the defence.

Possible penalties for robbery

Separate firearm charges, such as using a firearm or imitation firearm while committing an offence, may also be laid, and any sentence for that offence generally must be served consecutively. Parliament has also been considering further changes to bail and sentencing laws, so your lawyer should confirm the rules in force when your case is decided.

What sentences can look like in practice

Sentences for robbery vary enormously because the offence covers everything from a shove during a shoplifting incident to an armed home invasion. Courts treat robbery seriously and emphasize denunciation and deterrence, so jail is common, but it is not automatic.

• Discharge: An absolute or conditional discharge (a finding of guilt without a conviction, sometimes with probation conditions) is not available for robbery, because the maximum penalty is life. It may only become relevant if a case resolves on a lesser offence.
• Conditional sentence: Since Bill C-5, a sentence of less than two years served in the community, often with house arrest, may be possible for robbery where no minimum applies and the judge finds it consistent with public safety.
• Jail: Sentences under two years are served in a provincial facility; two years or more in a federal penitentiary.
• Probation, restitution and orders: Probation can follow jail. A court may order restitution to the victim, and a weapons prohibition order is generally mandatory for this offence. A DNA order may also be made.

Factors that often matter include whether a weapon was used or shown, any injury, the vulnerability of the victim, planning, the value taken, your age and criminal record, a guilty plea, steps toward rehabilitation, and, for Indigenous people, Gladue factors under section 718.2(e).

Other consequences in Quebec

Criminal record and record suspension

A robbery conviction creates a criminal record. Because it is indictable, you must wait 10 years after completing your whole sentence (including fines, jail and probation) before applying to the Parole Board of Canada for a record suspension. The 5-year waiting period applies only to summary convictions.

Travel, immigration and work

A robbery conviction can make you inadmissible to the United States, and even a pending charge can cause problems at the border. If you are not a Canadian citizen, robbery counts as "serious criminality" under immigration law because its maximum is over 10 years, which can put permanent residence or status at risk. Speak with an immigration lawyer as well as a criminal lawyer before any plea. A record can also affect jobs involving security, money, vulnerable people or professional licensing.

Common defences and issues a lawyer will look at

Every case depends on its facts, but lawyers commonly examine:

• Identification: Many robberies happen quickly, often with masks or poor lighting. Eyewitness accounts, photo lineups and surveillance video may be unreliable or open to challenge.
• Intent to steal: If there was an honest belief you had a right to the property, or no intent to steal, the offence may not be made out.
• Violence or weapon: If the evidence does not show violence, threats or a weapon connected to the theft, the case may amount to a lesser offence like theft or assault, or nothing at all.
• Party liability: Where several people are charged, the Crown must prove what each person actually did or intended, for example whether a passenger knew a robbery was planned.
• Section 8 of the Charter: Searches of your phone, home, vehicle or person must be lawful. Evidence from an unreasonable search may be excluded.
• Section 9: Arbitrary detention or arrest without reasonable grounds.
• Section 10(b): Your right to speak with a lawyer without delay after arrest, and police obligations to hold off questioning.
• Statements: The Crown must prove any statement you gave to police was voluntary.

How common is a robbery charge in Quebec?

According to Statistics Canada police-reported data (table 35-10-0177), Quebec police recorded 3,915 robbery incidents in 2025, a rate of 43.22 per 100,000 people, and 1,841 persons were charged. The Canadian rate that year was 55.05 per 100,000.

Quebec's rate has stayed below the national rate throughout the past decade. It fell from 45.39 in 2016 to a low of 31.3 in 2021, then rose each year to 2025. The number of persons charged in 2025 was the highest in the 2016 to 2025 period. For more data, visit our Quebec crime statistics page, and follow local cases on our Quebec crime news page.

If you are the victim or complainant of a robbery

If you have been robbed, your safety comes first. Report the incident to police as soon as you can, and keep any evidence such as receipts, photos of injuries or messages. Police investigate and send the file to a DPCP prosecutor, who decides whether charges are authorized. The Crown prosecutes the case on behalf of the public, not as your personal lawyer, but you have rights to information and to be heard.

• CAVAC centres (Centres d'aide aux victimes d'actes criminels) offer free support, information about the court process and help preparing for court.
• IVAC (Indemnisation des victimes d'actes criminels) handles compensation for eligible victims of crime in Quebec.
• You can ask that the accused be ordered to have no contact with you as a release or probation condition. Tell police or the Crown if a condition is broken.
• You may present a victim impact statement at sentencing and ask for restitution for losses.
• If there is no charge but you fear for your safety, a peace bond under section 810 is a court order requiring someone to keep the peace and follow conditions, without a criminal conviction.

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

When to speak with a lawyer

The best time to speak with a criminal defence lawyer is as early as possible: ideally before you give any statement to police, and before your first appearance. You have the right to remain silent, and anything you say can be used as evidence. A lawyer can help with bail, explain your conditions, review disclosure, and look for weaknesses in the case.

If you cannot afford a lawyer, you may qualify for legal aid (aide juridique) through the Commission des services juridiques, depending on your income and the seriousness of the charge. Robbery is a serious charge, so ask about eligibility quickly.

If you have been charged, you can request a free, confidential first consultation through an independent criminal defence lawyer here, and victims can request one here.

This guide is general information about the law in Quebec and Canada, not legal advice. Every case is different; speak with a lawyer about your situation.

Frequently asked questions

Do I need a robbery lawyer in Quebec?

Yes, it is strongly recommended. Robbery is a straight indictable offence with a maximum of life imprisonment, and discharges are not available. A lawyer can help at the bail hearing, review disclosure, assess identification and Charter issues, and explain your choice of court. If cost is a concern, ask the Commission des services juridiques whether you qualify for legal aid, or request a free first consultation.

Is robbery a summary or indictable offence?

Robbery is a straight indictable offence under section 344 of the Criminal Code. It cannot be prosecuted by summary conviction. That means you generally choose your mode of trial (Court of Québec judge, Superior Court judge, or judge and jury), you can request a preliminary inquiry, and a record suspension requires a 10-year wait after the sentence is completed.

What is the sentence for robbery in Canada?

The maximum is life imprisonment. There is no minimum unless a firearm was involved: robbery with a restricted or prohibited firearm, or any firearm linked to a criminal organization, carries a 5-year minimum for a first offence and 7 years for a repeat. In practice, sentences vary widely depending on violence, weapons, injury, record and other factors. A conditional sentence may be possible in some cases.

What is the difference between robbery and theft?

Theft is taking property without right. Robbery is theft combined with violence, threats of violence, an assault with intent to steal, or being armed with a weapon or imitation weapon. A shoplifting incident can become a robbery charge if force or threats are alleged, for example against a security guard. Whether the evidence actually proves the violence element is often a key issue.

Will I be held in jail after a robbery arrest in Quebec?

Not necessarily, but because robbery is a violent offence, police often hold the person for a bail hearing, which usually must happen within 24 hours. A judge may release you on conditions such as no contact with the complainant, a curfew and no weapons. In some cases, such as alleged firearm use, you may have to show why you should be released.

Who decides if robbery charges are laid in Quebec?

In Quebec, police investigate and send their file to the Directeur des poursuites criminelles et pénales (DPCP). A DPCP prosecutor reviews the evidence and decides whether to authorize a charge and which offence to charge. This means the final charge may differ from what police mentioned at arrest, or the decision may come some time after you are released.

What help is available for robbery victims in Quebec?

Victims can contact a CAVAC centre for free support and information about the court process, and may apply to IVAC for compensation if eligible. You can ask for no-contact conditions, give a victim impact statement at sentencing and request restitution. If no charge is laid but you fear for your safety, a section 810 peace bond may be an option. You can also get your own legal advice.