Author: Scott Raycroft-Wright

If you have spent any time around the criminal justice system in Canada, you may have heard the words “summary” and “indictable” used in relation to criminal offences. These terms refer to the classification of the offence, which can affect things like the limitations period, available sentences, and eligibility for record suspensions. When facing a criminal charge it is important to know the difference between the categories so you can know what to expect.

Summary offences

Summary offences are typically less serious than indictable offences, which is reflected in the maximum available sentences: the maximum jail sentence for a summary offence is 2 years less a day, and the maximum fine is $5,000. Charges for a summary offence can be laid up to one year after the date of the alleged offence, and are tried by a judge in a provincial court (in Ontario, that would be the Ontario Court of Justice). Jury trials are not available for summary offences. If you are convicted of a summary offence, you will be eligible for a record suspension 5 years after your sentence is complete.

Some summary offences include giving a false sworn statement, trespassing at night, and causing a disturbance.

Indictable offences

Indictable offences are typically regarded as being the most serious. The maximum possible sentence for an indictable offence is life in prison, although only a handful of offences can carry such a sentence. There is no limitation period on indictable offences, meaning that you can be charged with an indictable offence any time after the alleged offence date. For most indictable offences, the accused may choose to be tried before a judge alone in the provincial court, or in the Superior Court before either a judge alone or a jury. If you are convicted of an indictable offence, you will be eligible for a record suspension 10 years after your sentence is complete.

Some indictable offences include murder (first and second degree), drug trafficking, and perjury.

Hybrid offences

A significant number of offences in Canada are “hybrid” offences. For a hybrid offence, the Crown Attorney who is prosecuting the charge elects whether to proceed summarily or by indictment. Once that election is made, the charge follows the rules for whichever category the Crown Attorney has chosen. The Crown may take some time to officially choose how to proceed with a hybrid charge; until the election is made, the charge is treated as if it is proceeding by indictment.

Hybrid offences include assault, sexual assault, driving while impaired, and breach of a probation order.