Indictable versus Summary Offences

 If you’ve been charged with a criminal offence, you may have noticed the terms “summary conviction” or “indictable” on your charge screening form or disclosure package from the Crown.

 “Summary” and “indictable” (or “by indictment”) refer to the two categories of criminal offences in Canada.

 Summary Offences

Summary conviction offences are generally viewed as less serious.

As a result, the maximum punishment a person convicted of a summary offence can be sentenced to is on the lower end of the spectrum: a fine not more than $5,000 or a term of imprisonment not more than two years less a day, or to both (see s. 787 of the Criminal Code).

 All summary conviction matters in Ontario proceed in the Ontario Court of Justice. You do not have the right to be tried by a jury. You are also not entitled to a preliminary hearing.

 Examples of pure summary conviction offences include causing a disturbance, fraudulently obtaining transportation and trespassing at night.

 Indictable Offences

Indictable offences, on the other hand, are the most serious offences and carry the most severe punishments. The maximum punishment varies offence to offence but includes maximums of 10 years’, 14 years’ and life imprisonment.

 Some indictable offences are decided by either a judge alone (in either the Ontario Court of Justice or the Superior Court of Justice), or by a jury. Some indictable offences, such as murder, must be decided by a jury.

 Pure indictable offences include breaking and entering, criminal negligence causing death, and murder.

Hybrid Offences

 The vast majority of offences, however, are known as “hybrid” offences. This means the Crown can either elect to pursue the charge as a summary conviction offence or as an indictable offence. This is intended to capture the wide range of conduct that can be covered by the same offence. The Crown’s choice, known as an “election”, reflects the seriousness of the alleged conduct in a given case.

 The Crown’s choice will determine the mode of trial (judge alone, in which court, or jury trial) available to the accused, as well as the severity of punishment available.

Disclaimer: Please note that this article is not legal advice. It is simply intended to be a simplified explanations of the criminal process in Ontario. There may be differences, however, in different jurisdictions or courthouses within Ontario based on their own rules, regulation or common practices. If you’ve been charged with a criminal offence or are anticipating potential charges, don’t hesitate to reach out to a lawyer for a consultation to discuss the particulars or details of your case.