What is the difference between an “indictable offence” and a “summary conviction” offence?
Indictable offences include the most serious offences in the Criminal Code. Conviction of an indictable offence will likely expose you to a greater penalty. If you are prosecuted by indictment, you are entitled to trial by jury for most, but not all, offences. You are also eligible for a preliminary hearing if you and your lawyer so wish. Summary conviction offences include the most minor offences in the Criminal Code. Usually, but not always, summary conviction offences are punishable by a fine of up to $2,000 or six months’ jail or both. There is also a category of offences called “hybrid offences”. Many offences can be prosecuted either by summary conviction or indictment. The Crown elects the mode of prosecution. Hybrid offences are considered indictable until the Crown makes its election. This has implications at remand court since you must either be present in court or have signed a designation of counsel.
