While the Canadian legal system officially uses the terms “summary conviction offences” and “indictable offences,” they are often understood as the equivalents of misdemeanors and felonies, respectively, in other jurisdictions. Here are the top 10 key differences between these two categories of offences in Canada:
- Severity of Crime: Indictable offences are inherently more serious crimes than summary conviction offences. They involve acts that cause greater harm or pose a more significant threat to individuals and society. Examples of indictable offences include murder, aggravated assault, and drug trafficking, while summary conviction offences include minor theft, causing a disturbance, and less severe assaults.
- Maximum Penalties: The potential penalties upon conviction differ dramatically. Summary conviction offences typically carry a maximum penalty of a fine up to $5,000, a jail sentence of up to two years less a day, or both. In contrast, indictable offences can result in significantly harsher punishments, including lengthy prison sentences, up to and including life imprisonment, as well as substantial fines.
- Legal Procedures: The processes for handling these offences vary. Summary conviction cases generally proceed more quickly in provincial courts with less formal procedures. Indictable offences involve more complex and lengthy processes, potentially including preliminary inquiries in superior courts to determine if sufficient evidence exists for a trial.
- Right to Jury Trial: A crucial difference lies in the right to a jury trial. Individuals charged with most indictable offences have the option to choose to be tried by a judge alone in a superior court or by a judge and jury. There is no right to a jury trial for summary conviction offences; these are always heard by a judge in a provincial court.
5. Limitation Period for Charges: There is a time limit for laying charges for summary conviction offences. Generally, the Crown must initiate proceedings within 12 months of the alleged offence. For indictable offences, there is no limitation period, meaning charges can be laid at any time after the offence has occurred.
6. Arrest Procedures: While police can arrest without a warrant for both types of offences under certain circumstances (e.g., catching someone in the act), the nature of an indictable offence often leads to arrest upon reasonable grounds for belief that the crime has been committed. For summary conviction offences, a notice to appear in court may be issued instead of an immediate arrest.
7. Requirement for Court Appearance: For summary conviction offences, the accused may not be required to appear in court personally if they are represented by a lawyer or an agent, unless specifically ordered by the judge. However, individuals charged with indictable offences are generally required to appear in court in person, especially at the initial stages.
8. Appeal Process: The appeal process differs depending on the type of offence. Appeals for summary conviction offences are typically heard by the next highest court level (e.g., from Provincial Court to the Superior Court). Appeals for indictable offences are heard by the provincial Court of Appeal, which is the highest court in the province or territory. Further appeals to the Supreme Court of Canada require leave (permission) from that court.
9. Impact on Criminal Record: While both types of convictions result in a criminal record, the societal and practical consequences can differ. A conviction for an indictable offence often carries a greater stigma and can have more severe long-term impacts on employment, travel, and immigration status compared to a summary conviction.
10. Crown’s Election for Hybrid Offences: Many offences in the Canadian Criminal Code are “hybrid offences.” The Crown prosecutor has the discretion to choose whether to proceed with the charge as a summary conviction offence or as an indictable offence. This decision is typically based on factors such as the seriousness of the offence, the accused’s criminal history, and other relevant circumstances. If the Crown elects to proceed by indictment for a hybrid offence, it will be treated as an indictable offence for all procedural purposes.