What Is the Difference Between Summary and Indictable Offences?

Summary vs Indictable charges: How They Differ

In Canada, criminal charges are divided into three classes that include summary offences, indictable offences, and a hybrid category. While indictable offences are more serious charges than summary offences, either can lead to harsh legal and social consequences, and any criminal charge requires your utmost attention. Understanding the distinctions between summary and indictable charges can help you better understand your case. To bring your strongest defence, working closely with an experienced criminal defence lawyer from the outset is always advised.

The Basics

Summary offences are similar to the well-known offence called a “misdemeanour”, and while they are less serious charges than indictable offences, the consequences you face can still be considerable, and consulting with a skilled criminal defence lawyer is in your best interest. Indictable offences, similar to a “felony offence” on the other hand, carry harsher fines and penalties and can have more lasting social implications. Hybrid offences are unique in the law in the sense that whether they are charged as summary offences or indictable offences is left to the discretion of the Crown Prosecutor– based on relevant facts like the seriousness of the crime in question and the level of harm it caused.

Summary Offence Meaning

What is a summary offence? A summary offence is a criminal charge. You will be required to appear in court unless you have a criminal lawyer retained and on your case. When you are facing summary conviction offences allegation, you do not have an election of your own to make, meaning you will automatically remain in the lower court of your province. How best to proceed in the face of a summary conviction offence charge, however, should be determined in conjunction with your knowledgeable legal counsel.

Common Charges

To get a better handle on summary offences, it is a good idea to consider some of the most common examples.

Traffic Violations

Traffic violations are the most common form of summary conviction offence, and these charges include:

• Speeding
• Driving without a valid licence
• Failing to stop at a stop sign
• failing to wear a seatbelt
• Making improper turns
• Careless driving
• Running a red light

This list could go on. Traffic violations generally lead to fines and points against your driver’s record but no jail time and no criminal records.

Public Intoxication

If you are visibly intoxicated in a public place, the police can charge you with the pure summary conviction offences of public intoxication.

Minor Drug Possession

If you are stopped with a small quantity of certain kinds of drugs on you and it’s deemed for personal use, it may be classified as a summary conviction offence. The type of drug involved, the amount of the drug you have on you, and the jurisdiction will all play a role in whether the drug possession charge is brought as a summary or an indictable offence.

Petty Theft

Petty theft involves taking someone else’s property without the legal right to do so, and it generally applies to possessions that have relatively little value. A prime example is shoplifting an inexpensive item from a store.

Disorderly Conduct

Disorderly conduct refers to actions that disturb the peace – or bother others. Playing loud music into the night in a quiet neighbourhood is a prime example.

If You Face a Summary Offence Charge

Summary offences are also called summary conviction offences, and if you’re so charged, your trial will be heard by the presiding judge – without a jury. The penalties for a conviction include a maximum sentence that is one day short of two years and fines of up to $5,000.

Indictable Offence Meaning

In Canada, most indictable offences correlate with what some other jurisdictions – like the United States – call felonies. While these are more serious charges that carry more serious penalties, both summary offences and indictable offences can lead to harsh consequences.

The Legal Process

There is a range of legal procedures for Canadian indictable criminal offences, and the appropriate course of action is determined by how serious the offence in question is and by the choices made by both the prosecution and the accused as the case moves forward.

If the police have reasonable grounds to believe that you committed an indictable criminal offence – or to believe that you are about to commit an indictable criminal offence – you can be arrested. Those charged with most indictable offences must show up for their court appearance, and if you are in this category, having skilled legal guidance on your side is always the best option.

Common Indictable Offence Charges

There is a range of common indictable offence charges in Canada, and they all carry very serious consequences.

Aggravated Assault

An aggravated assault refers to an indictable assault in which the perpetrator intentionally causes the complainant to suffer serious harm, to suffer life-threatening injuries, or to be permanently disfigured.

Murder

Murder charges in Canada are divided into first, second, and third-degree (manslaughter) categories. First-degree murder is the most serious charge, and a conviction means a minimum of 25 years in prison before parole becomes a possibility. When the charge is first-degree murder, parole is permanent, and any further offences can land the accused back in prison. For the charge of first-degree murder to apply, the accused must have intended to kill the victim and must have planned the murder.

Second-degree murder charges also require that the accused intended to kill the victim, but there is no element of planning. Third-degree murder charges – also called manslaughter – refer to killing someone else in the process of committing an unlawful act or in the process of engaging in criminal negligence.

Arson

When someone – with malicious intent – deliberately sets fire to property that belongs to them or to someone else, it is the indictable crime of arson. Arson can apply to a house, building, vehicle, land, or any other kind of property.

Kidnapping

Kidnapping refers to seizing someone and detaining them against their will, and physical force or threats are often used in the process. Whether the case involves ransom demands or is a case of parental abduction, it’s a very serious legal charge that carries hefty fines and penalties.

Hybrid Offences

Hybrid offences refer to charges that the Crown prosecutor decides whether to prosecute as serious crimes, summary offences or indictable offences. The primary factors that guide the Crown’s decisions in these matters include the seriousness of the crime in question and the degree of harm caused. Your savvy criminal defence lawyer’s legal insight and skill can play a significant role in whether you are prosecuted with a summary or indictable offence.

The Charge Against You

Whether you have been charged with a summary offence or an indictable crime will impact how your case proceeds in several important ways.

Your Legal Rights

The kind of charge you face will, in some respects, impact your rights. If, for example, you’re facing an indictable offence, you may have the legal right to a preliminary hearing, and you can choose whether you would prefer that a judge or a judge and jury hear your case. The choices you make in these early stages can influence everything that comes after, and proceeding with a skilled criminal defence lawyer in your corner is the right approach.

Your Defence Strategy

The nature of the charge against you and whether it’s a summary or indictable offence will guide your criminal defence lawyer’s defence strategy. While summary offence cases don’t have jury trials, you will have the option of a jury trial with an indictable offence, and this is a primary decision that requires considerable care and attention. The right path forward for you and your case will depend upon the unique specifics involved.

While most cases – whether they involve summary or indictable offences – settle out of court, it’s not always the best path forward. When it comes to strategizing the next steps, your seasoned criminal defence lawyer is well-positioned to guide you forward toward a favourable resolution that protects your rights and supports your future.

The Legal and Social Consequences You Face

If you are convicted of a summary offence, you can face a jail sentence of up to two years minus a day and fines of up to $5,000, but this doesn’t factor in the social consequences that can haunt your future. If you’ve got a summary offence conviction on your record, it can affect your ability to obtain a job because employers can – and often do – require written consent for access to applicants’ criminal records. Additionally, your professional licensure can be affected, and things become even more serious if the conviction in question is for an indictable offence.  The most serious indictable offences can lead to life sentences with no chance of parole for at least 25 years. This, however, doesn’t finish the matter. If you are paroled, any infraction at any later date can land you back in prison, and a prior record leaves you more vulnerable to even more serious charges if you’re accused of another crime in the future. Ultimately, your ability to travel internationally, your civil rights, and your citizenship – if you are an immigrant – can all be negatively impacted.

FAQ

If you’re facing a criminal charge in Canada, the answers to some of the questions asked most frequently by others in your shoes can help.

What is an indictable offence in Canada?

An indictable offence in Canada translates to a felony in the United States – and in the police procedural shows you may be familiar with. This is the most serious category of criminal charge in Canada, and it includes murder, manslaughter, aggravated assault, and more. If you’re facing a charge for an indictable offence, you’ll have the choice of a trial by judge or by judge and jury, and reaching out for skilled legal counsel early on is always to your advantage.

What is the difference between an indictable offence and a summary offence?

When it comes to indictable vs summary offences, the difference lies in degree. While indictable offences are more serious, carry harsher sentences and higher fines, and have more significant social consequences – not to mention leaving you vulnerable to even more serious penalties in the event of a future charge – summary offences still pack a considerable legal punch and shouldn’t be ignored.

What is a hybrid offence?

Under some circumstances, whether the criminal charge is a summary offence or an indictable offence is left up to the prosecution. The criteria prosecutors use to determine whether they will bring a summary or indictable office include the severity of the crime and the level of harm done.

Why is retaining a lawyer important?

Hiring a lawyer in the face of a criminal charge – whether it’s a summary or indictable offence – is always recommended for all the following primary reasons:

• Helping you understand the charges against you
• Protecting you through the criminal justice system
• Helping you avoid the mistakes too many of those who are accused make, such as failing to invoke their right to remain silent
• Endeavouring to have the charge against you dropped early on, and if that isn’t possible, working to obtain a favourable outcome. Some of the ways our lawyers may do this include:
  • Skilful plea negotiations with the Crown counsel
  • Building your strongest defence, which includes gathering and carefully compiling all the available evidence
  • Being well prepared to take your case to trial – whether that means in front of a judge or in front of a judge and jury, depending on the circumstances involved.

The importance of having trusted legal representation on your side is difficult to overstate.

Reach Out to an Experienced Canadian Criminal Defence Lawyer for the Help You Need Today

If you are facing a criminal charge in Canada, the stakes are far too high to leave to chance. The focused criminal defence lawyers at Alberta Legal harness the full force of our imposing experience and legal skill in every case we take on, and we are here for you, too. Your case and your future are important, so please don’t put off reaching out and contacting or calling us to learn more about what we can do to help you today.