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Understanding Summary vs. Indictable Offenses - CANADA

January 25, 2026 posted by Steve Brownstein

Understanding Summary vs. Indictable Offenses

A Practical Guide to Offense Types, Convictions, and Hybrid Cases

 

1. Offense Types: Summary vs. Indictable

✅ Summary Offense

Definition: A less serious criminal offense.

Examples: Causing a public disturbance, trespassing, minor assault, petty theft.

Court Procedure:

• Heard only in lower courts (e.g., provincial court).

• No jury; a judge alone decides the case.

• No preliminary inquiry.

Penalties:

• Maximum: Usually up to 2 years less a day, and/or a fine (often up to $5,000 CAD in Canada).

• No federal prison.

✅ Indictable Offense

Definition: A more serious criminal offense.

Examples: Murder, robbery, aggravated assault, sexual assault.

Court Procedure:

• Can involve a jury trial in a superior court.

• May include a preliminary inquiry (depending on the jurisdiction).

• More formal procedure and longer timelines.

Penalties:

• Can result in much longer prison terms, including life imprisonment.

• May be served in a federal institution.

2. Conviction Types: Summary vs. Indictable Conviction

✅ Summary Conviction

This means the Crown prosecuted the offense summarily (either because the offense is a pure summary offense or a hybrid offense that the Crown elected to proceed summarily).

Legal consequences:

• Lighter penalties.

• Shorter record retention periods (e.g., 5 years after sentence completion in Canada before applying for a record suspension).

• May carry less stigma in background checks.

✅ Indictable Conviction

This means the offense was prosecuted by indictment, either because the offense is strictly indictable, or the Crown elected to proceed by indictment in a hybrid offense.

Legal consequences:

• Harsher penalties.

• Longer record retention.

• Seen as more serious on criminal background checks.

???? Special Case: Hybrid Offenses

These are offenses that can be treated either way—summary or indictable—depending on how the Crown chooses to proceed.

Example: Assault causing bodily harm.

• If the Crown proceeds summarily ➜ It becomes a summary conviction offense.

• If the Crown proceeds by indictment ➜ It becomes an indictable conviction.

???? Key Takeaway

The same underlying offense (e.g., theft under $5,000) could result in either a summary conviction or an indictable conviction, depending on the Crown’s election. The mode of prosecution determines how the offense is recorded and punished.