FAQs
What is the Difference Between Summary and Indictable Offences?
Criminal offences in Canada are generally classified as summary or indictable but there is a third category called hybrid offences.
All crimes fit into one of these three categories and it’s important to know the differences between them.
Summary conviction offences are considered less serious than indictable conviction offences and the associated penalties differ greatly. There are also different legal procedures involved for each type of offence.
It’s worth bearing in mind, however, that a conviction for any criminal offence in Canada is serious enough as a permanent criminal record can affect many areas of your life.
Let’s look at the main differences between the three types of criminal charges.
Summary offences
A summary conviction offence falls into the least serious category in Canada.
Punishments for these crimes are less severe than for indictable offences but that doesn’t mean that charges can be taken lightly. A summary conviction can still lead to a heavy fine, jail time, and a permanent criminal record.
For a summary conviction, the following maximum penalties apply:
- A maximum fine of $5,000
- A maximum jail term of two years less a day (served in a provincial institution)
Police officers or RCMP have 12 months from the date of an alleged offence to lay summary charges. The accused may be arrested if found committing the offence — or given the notice to appear in court at a certain date and time.
The charges are heard in Provincial Court by a judge. There is no option of a jury trial for these types of offences.
The accused does not generally need to appear personally in court for a summary offence if represented by a lawyer or another agent. However, if the judge orders that the accused attend court, an arrest warrant will be issued if he/she fails to show.
What are common examples of summary crimes?
Common examples of summary conviction offences in Alberta include:
- Trespassing at night
- Unlawful assembly
- Soliciting prostitution
- Public nudity
- Disturbance in a public place
- Breach of non-publication in a jury trial
Indictable offences
A conviction for an indictable offence not only carries more serious punishments but the procedures are also different to summary conviction offences.
The maximum prison term for an indictable offence is life imprisonment. A jail sentence of under two years will be served in a provincial institution but a sentence of longer than two years is served in a federal penitentiary.
For most indictable offences, you have the option to deal with your matter in Provincial Court or the Court King’s Bench.
Those heard in Provincial Court are not eligible for a preliminary inquiry or the option to be tried by a judge and jury (the same as summary offences).
However, depending on the type of offence, matters heard in the Court King’s Bench may provide the option for a preliminary inquiry. This is like a “pre-trial” or “discovery” where a judge will decide if there is enough evidence to proceed to trial. If the case does go to trial, the accused can elect to be tried by a judge alone or with a jury.
If no decision is made by the accused, the matter will be heard in the Court King’s Bench by a justice sitting with a jury.
Note that crimes listed in section 469 of the Criminal Code are classed as “exclusive jurisdiction” offences. These include murder and treason — their bail hearings will be in the Court King’s Bench automatically and the accused has no right to elect a Provincial Court Judge.
Less serious indictable offences, such as those included in Section 553 of the Criminal Code, are considered “absolute jurisdiction” and will proceed directly to the Provincial Court. Examples of such crimes include theft or mischief under $5,000.
An individual charged with an indictable offence will be arrested when the police have reasonable grounds to believe that he/she has committed (or is about to commit) the crime.
The accused must appear in court in person even if he/she has hired a lawyer — unless a “designation of counsel” has been filed.
What are examples of indictable crimes?
Examples of indictable offences in Alberta include:
Hybrid offences
A hybrid offence is a “dual procedure” offence that can be prosecuted as a summary or indictable offence, depending on the decision of the prosecutor.
The Crown will determine whether to proceed summarily or by indictment based on the following factors:
- The seriousness of the accused’s actions
- The harm caused
- Whether there were any aggravating factors during the commission of the offence
So, the decision ultimately depends on the facts of each case that indicate the overall seriousness of the offence.
For instance, possession of a controlled substance is a criminal offence in Canada. However, if it is your first offence and you’re caught with a few joints, it is likely to be treated as a summary offence. If, however, you are caught with cocaine for the third time, the prosecution is far more likely to proceed by indictment.
The Crown must decide and it will be on the record in Court, allowing the accused to decide whether to be tried in Provincial Court or the Court King’s Bench.
However, until the Crown makes its election, the offence is treated as indictable for the purposes of bail and the police’s powers of arrest.
Examples of hybrid offences
Many common crimes in Alberta are hybrid offences, including:
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