A plain-language guide to a robbery charge in Yukon: what the Crown must prove, bail and court steps, possible penalties, Yukon statistics and where to get legal help.
Robbery is a straight indictable offence. Unlike many offences that became hybrid after the 2019 Bill C-75 reforms, the Crown cannot choose to proceed by summary conviction. This matters for sentencing, your record and how your trial is held. For a national overview, see our guide to robbery under the Criminal Code.
What happens after a robbery charge in Yukon
Arrest and release
After an arrest, police may release you with an appearance notice or an undertaking, which is a written promise to attend court and follow certain conditions. Because robbery involves violence or threats, police often hold the person for a bail hearing instead. That hearing must normally happen before a justice within 24 hours, or as soon as possible.
At a bail hearing, the court decides whether to release you on a release order. Conditions often include:
- no contact with the complainant or witnesses
- staying away from certain places
- a curfew or living at a set address
- not possessing weapons
- in some cases, a surety (a person who supervises you and promises money)
Usually the Crown must justify keeping you in custody. In some situations, such as being charged while already on release for another indictable offence, or certain offences involving firearms or prior violent convictions, the burden can shift to you. This is called a reverse onus. Breaking any condition is a separate criminal offence, so follow them carefully.
Who prosecutes in Yukon
Police lay the charge. In Yukon, Criminal Code offences are prosecuted by the Public Prosecution Service of Canada, the federal prosecution service. A Crown prosecutor reviews the file and decides whether to continue, change or withdraw charges.
First appearance and disclosure
Your first appearance will be in the Territorial Court of Yukon. You do not usually enter a plea at this stage. The main step is receiving disclosure: the evidence the Crown has, such as police notes, witness statements, video and forensic results. You have a constitutional right to it, and your lawyer will review it closely.
Choosing a court
Because robbery is straight indictable, there is no Crown election between summary and indictable. Instead, you usually get to choose how you are tried:
- a judge alone in the Territorial Court of Yukon
- a judge alone in the Supreme Court of Yukon
- a judge and jury in the Supreme Court of Yukon
If you elect the Supreme Court, you can ask for a preliminary inquiry, a hearing where a judge decides if there is enough evidence to go to trial. Since 2019 these are only available for offences with a maximum of 14 years or more, which includes robbery. Get advice before making this choice.
Resolution or trial
Many cases are resolved without a full trial. The Crown may withdraw charges, agree to a lesser charge such as theft or assault, or the case may proceed to trial. Only you can decide how to plead, ideally after a lawyer explains the evidence and options.
Typical timeline
Under the Supreme Court of Canada's Jordan decision, a case should generally finish within 18 months in the Territorial Court or 30 months in the Supreme Court, not counting delay caused by the defence. Many robbery cases take several months to over a year, depending on disclosure, forensic evidence and court availability.
Possible penalties for robbery
| Situation | Summary conviction | Indictable maximum | Mandatory minimum |
|---|
| Robbery, no firearm | Not available | Life imprisonment | None |
| Robbery with a firearm (other cases) | Not available | Life imprisonment | None (the 4-year minimum was repealed by Bill C-5 in 2022) |
| Robbery with a restricted or prohibited firearm, or any firearm in connection with a criminal organization | Not available | Life imprisonment | 5 years (first offence); 7 years (second or subsequent) |
The maximum of life imprisonment is reserved for the most serious cases. Sentencing law in Canada changes from time to time, and Parliament has been considering further bail and sentencing reforms, so a lawyer can confirm the rules that apply on your dates.
What sentences can look like in practice
- 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.
- Suspended sentence and probation: in unusual cases with strong mitigating factors and no minimum, a court can suspend sentence and place you on probation.
- Fine: possible where no minimum applies, usually alongside other penalties.
- Conditional sentence: a jail term under two years served in the community with strict conditions, sometimes house arrest. After Bill C-5, this may be possible where no minimum applies and the court finds it safe, though it is less common for robbery.
- Jail: sentences of less than two years are served in a territorial facility; two years or more are served in a federal penitentiary.
Courts also commonly impose a weapons prohibition order, a DNA order, restitution to the victim and no-contact orders.
Factors that matter
- whether a weapon was used or shown, and what kind
- whether anyone was injured
- the setting, such as a home invasion versus a street incident
- planning, and your role if others were involved
- your age, criminal record and personal circumstances
- remorse, restitution and steps toward rehabilitation, such as treatment
For Indigenous people, section 718.2(e) of the Criminal Code requires the court to consider their background and circumstances (often called Gladue factors). Youth aged 12 to 17 are dealt with under the Youth Criminal Justice Act, which has a different sentencing system.
Other consequences in Yukon
Criminal record: a robbery conviction creates a criminal record. Because it is an indictable offence, you must wait 10 years after completing your whole sentence before applying to the Parole Board of Canada for a record suspension (formerly a pardon). The 5-year wait for summary offences does not apply to robbery.
Travel to the United States: US border officials can refuse entry to people with certain convictions, and robbery is the kind of offence that can lead to refusal. A US waiver may be needed, even years later.
Immigration: if you are not a Canadian citizen, a robbery conviction can lead to loss of permanent resident status or removal from Canada. Speak with an immigration lawyer as well as your criminal lawyer before any plea.
Employment: a robbery conviction can affect jobs that need background checks, especially work with vulnerable people, money or security clearances. Release conditions may also affect your work while the case is ongoing.
Common defences and issues a lawyer will look at
Every case is different, but a lawyer will often examine:
- Identification: robberies happen quickly. Eyewitness memory, lighting, video quality and how photo lineups were done can all be challenged.
- The elements of theft: if you honestly believed you had a right to the property (a colour of right), it may not be theft at all.
- Violence or threats: if the Crown cannot prove violence, threats or a weapon linked to the theft, the result may be a lesser offence like theft or assault.
- Party liability: if several people were involved, the Crown must prove what you did or intended, not just that you were present.
- Statements: anything you told police must be proven voluntary before it can be used.
Charter issues
- Section 8 (search and seizure): searches of your phone, vehicle or home generally need a warrant or a valid legal exception.
- Section 9 (arbitrary detention): police need lawful grounds to stop and detain you.
- Section 10(b) (right to counsel): you must be told of your right to a lawyer and given a reasonable chance to speak with one.
If a right was breached, a judge may exclude evidence under section 24(2) of the Charter. That can sometimes change the outcome of a case.
How common are robbery charges in Yukon?
According to Statistics Canada police-reported data (table 35-10-0177), Yukon police reported 23 robbery incidents in 2025, a rate of 47.64 per 100,000 people, with 10 persons charged. The Canada-wide rate was 55.05 per 100,000.
| Year | Yukon rate per 100,000 | Incidents | Persons charged | Canada rate per 100,000 |
|---|
| 2025 | 47.64 | 23 | 10 | 55.05 |
| 2024 | 88.24 | 42 | 25 | 58.62 |
| 2023 | 76.99 | 35 | 24 | 59.39 |
| 2022 | 82.00 | 36 | 21 | 56.37 |
| 2021 | 44.23 | 19 | 14 | 48.61 |
| 2020 | 54.82 | 23 | 16 | 50.84 |
| 2019 | 53.41 | 22 | 8 | 62.09 |
| 2018 | 39.60 | 16 | 8 | 60.77 |
| 2017 | 30.35 | 12 | 12 | 62.42 |
| 2016 | 59.66 | 23 | 18 | 60.76 |
From 2016 to 2021, Yukon's rate was mostly at or below the national rate. It rose sharply from 2022 to 2024, peaking at 88.24 in 2024, well above the Canadian rate, then fell to below the national rate in 2025. Because Yukon has a small population, a change of a few incidents moves the rate a lot. Not every incident leads to a charge, and one person can be charged in several incidents. See more on our Yukon crime statistics page and recent cases in Yukon crime news.
If you are the victim or complainant
Being robbed can be frightening and leave lasting effects. If you are in immediate danger, call 911. Otherwise, you can report to police, who will take your statement and gather evidence such as video or photographs of injuries.
Once a charge is laid, the Public Prosecution Service of Canada prosecutes the case in Yukon. The Crown represents the public, not you personally, but should keep you informed. The Canadian Victims Bill of Rights gives you rights to information, protection, participation and to seek restitution. Ask the police or Crown about victim services that can support you through court.
If the accused is released, the court will often order no contact with you and to stay away from your home or work. Tell police if those conditions are broken. If you need protection without, or after, a criminal case, you can ask about a peace bond under section 810, a court order requiring someone to keep the peace and follow conditions for up to a year (it is not a conviction).
At sentencing, you can file a victim impact statement and ask for restitution for financial losses. You can also get your own legal advice, separate from the Crown.
When to speak with a robbery lawyer in Yukon
Speak with a criminal lawyer as early as possible: ideally before you talk to police, and before your first appearance or bail hearing. You have the right to stay silent. Politely say you want to speak with a lawyer, and do not discuss the case with anyone else or on social media.
A lawyer can help with bail, review disclosure, look for Charter issues, talk to the Crown about possible resolutions, and advise you on choosing a court. If you cannot afford a lawyer, contact the Yukon Legal Services Society to ask about legal aid.
People charged 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 only, not legal advice. The law and your situation may differ, so speak with a lawyer about your case.
Frequently asked questions
Do I need a robbery lawyer in Yukon?
Yes, it is strongly recommended. Robbery is a straight indictable offence with a maximum of life imprisonment, and some firearm cases carry mandatory minimums. A lawyer can help at bail, review disclosure, find Charter issues and advise you on choosing between the Territorial Court and Supreme Court of Yukon. If cost is a concern, contact the Yukon Legal Services Society about legal aid, or request a free first consultation through Crime Canada.
Is robbery a summary or indictable offence?
Robbery is a straight indictable offence under section 344 of the Criminal Code. The Crown cannot proceed by summary conviction. The maximum penalty is life imprisonment. There is no minimum in most cases, but a 5-year minimum (7 years for a repeat offence) applies if a restricted or prohibited firearm is used, or any firearm is used in connection with a criminal organization.
Can I get a discharge for robbery?
No. An absolute or conditional discharge is not available for offences with a maximum penalty of 14 years or life, and robbery carries life. Depending on the facts, other outcomes may be possible, such as a suspended sentence with probation, a conditional sentence served in the community, or a lesser charge like theft if the Crown agrees or cannot prove the violence element.
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 a weapon or imitation weapon. If the Crown cannot prove the violence, threat or weapon part, a court may find the person guilty only of theft or assault, which carry lower penalties.
Will I be kept in custody after a robbery arrest in Yukon?
Not necessarily. Police may release you on an undertaking, but for robbery they often hold you for a bail hearing, usually within 24 hours. A justice then decides whether to release you with conditions such as no contact with the complainant. In some situations, like being charged while already on release, you may have to show why you should be released.
How long until I can get a record suspension for robbery?
Because robbery is an indictable offence, you must wait 10 years after completing your entire sentence, including jail, probation and paying any fines or restitution, before applying to the Parole Board of Canada. Eligibility also depends on your record during that time. A record suspension does not guarantee entry to the United States.
How long does a robbery case take in Yukon?
It varies with the evidence and court schedules. Under the Jordan decision, cases should generally finish within 18 months in the Territorial Court of Yukon or 30 months in the Supreme Court of Yukon, excluding delay caused by the defence. Many robbery cases take several months to more than a year, especially if forensic or video evidence is involved.