Indictable vs Summary Conviction Offences in Canadian Law | Robichaud Law (2024)

In Canada’s Criminal Code, there are three types of offenses: summary conviction offenses, indictable offenses, and “hybrid offenses” that the Crown can choose to proceed with either by summary conviction or by indictment.

Hybrid offenses are sometimes called “Crown-electable offenses.”

Simply put, summary conviction offenses are less serious than indictable offenses. That’s the main difference between the two.

Indictable offences are the most serious crimes, including murder, acts of terrorism, robbery, drug trafficking, treason, certain types of sexual assault, and other very serious criminal acts. If convicted, the penalties are severe and could potentially result in life imprisonment.

Those charged with indictable offences have the right to choose their mode of trial. They can choose a judge-alone trial in provincial court, a judge-alone trial in superior court, or a jury trial with or without a preliminary hearing. However, not everyone facing an indictable offense is entitled to a preliminary hearing or a judge and jury trial. The exceptions are listed in section 553 of the Criminal Code.

Additionally, not every type of offense permits the accused to choose a judge without a jury unless the prosecutor consents. For example, in first-degree murder cases, the Crown must consent to a judge-alone trial. There is no time limit for indictable offences, and a person can be charged, tried, acquitted, or convicted at any time provided there is sufficient basis for the charges.

Indictable offences are usually complicated and have serious consequences. It’s never wise to defend allegations without the assistance of a lawyer, and doing so when facing an indictable offence is reckless. Appeals for indictable offenses are heard by the Court of Appeal for the province where the case was heard.

Hybrid offences are the most common types of criminal offences in Canada. These offences give the Crown the power to choose whether to proceed with an indictment or summary conviction. Some examples of hybrid offences include assault, sexual assault, fraud under $5000, and possession of cocaine.

The Crown’s decision to proceed with an indictment or summary conviction is discretionary, and it is usually based on a variety of factors such as the seriousness of the allegations, the accused’s criminal record, and the complexity of the case. This decision is not usually reviewed by a court, unless there is evidence of deliberate abuse of process.

Factors that may be considered by the Crown when making a decision include the availability of court resources, the notoriety of the case in the community, whether the offence is sworn outside the limitation period for a summary conviction, and any other relevant considerations. It’s important to note that hybrid offences carry different penalties depending on whether they are proceeded by indictment or summary conviction.