Indictable vs summary offence

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

Under the Criminal Code of Canada, there are three types of offences:
Summary conviction offences,
indictable offences, and
hybrid offences (the Crown can choose to proceed by summary conviction or by indictment)

You will know which method the crown attorney choose on your first court appearance.

The crown attorney to decide the method of pursuit will take into consideration some of the following factors :
The subjective seriousness of the offence
In drug related cases, the crown will look at the nature and quantity involved
Criminal record of the individual

The major difference between summary conviction offences and indictable offences is that if you are pursued by summary conviction the penalty you risk is less severe than if you are pursued by indictment.

Example of summary offences: Nudity, trespassing at night, causing disturbance, indecent exhibition and loitering.

Example of indictable offences: Dangerous driving causing death, murder, aggravated assault and sexual assault causing bodily harm.

However, most crimes are hybrids.

If you have any other questions please call 514-265-9272 or send an email to [email protected].

You can also visit my website www.avocatscriminalistes.ca