Is there an extra time given for criminal prosecution in Canada if there's foreign evidence that have to be collected?

There might be delays experienced if the court has to secure bank records and other evidences located outside of Canada, I am wondering if the laws of Canada take that into consideration when applying the statute of limitation for criminal laws.


The Court held that proceeding on a foreign judgment is subject to the basic two-year limitation period in the Limitations Act, 2002, S.O. 2002, c. 24 (Act). Section 16(1) of the Act, which provides that there is no limitation period in respect of "a proceeding to enforce an order of a court, or any other order that may be enforced in the same way as an order of a court" does not apply to a foreign judgment.

There's something I found about foreign judgment, but it doesn't seem to be related to foreign evidence at all.

2 Answers 2


Statutes of Limitation are not applicable once charges are laid

Statutes of limitation set time limits on when proceedings (civil or criminal) must be started, not on when they must be concluded.

This does put pressure on police forces to gather sufficient evidence to lay charges (at least for crimes that have a statute of limitations - the most serious don't) but further evidence to secure a conviction can be sought during the trial process. How much time they get is usually at they discretion of the judge.


The case you cite is not a criminal case, it is a civil case.

In Canada, there's generally no statute of limitations for indictable offences (roughly equivalent to US felony). The statute of limitations for summary conviction offences (roughly equivalent to US misdemeanour) is generally 12 months by Criminal Code s. 786(2); the only provision in that section for extension of the limitation is mutual agreement of the prosecutor and defendant (presumably the defendant would only ever agree if otherwise threatened with an indictment).

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