TUTORIAL - Classifications of Canada's Criminal Offenses

July 28, 2024 posted by Steve Brownstein

In Canada, criminal offenses are categorized into three main types: summary offenses, indictable offenses, and hybrid offenses. Here's an overview of each:

Summary Offense

♦Definition: Summary offenses are considered less serious criminal offenses.

♦Characteristics:

 ♦Typically result in lighter penalties.

 ♦Trials for summary offenses are usually quicker and simpler.

 ♦The maximum penalty is generally a fine of up to $5,000 or six months in jail, or both.

 ♦There is a six-month limitation period for laying charges.

♦Examples: Minor theft (under a certain value), public disturbances, and minor assault.

Indictable Offense

♦Definition: Indictable offenses are more serious criminal offenses.

♦Characteristics:

 ♦These offenses carry heavier penalties.

 ♦Trials for indictable offenses are more complex and can involve preliminary hearings.

 ♦There is no limitation period for laying charges.

 ♦Offenders have the right to a jury trial for serious indictable offenses.

♦Examples: Murder, aggravated assault, robbery, and serious drug offenses.

Hybrid Offense

Definition: Hybrid offenses can be prosecuted either as summary or indictable offenses.

♦Characteristics:

 ♦The Crown prosecutor decides how to proceed based on the specifics of the case.

 ♦Factors influencing the decision include the severity of the offense, the circumstances, and the offender's criminal history.

♦Examples: Assault, fraud, and impaired driving.