Although there are different kinds of criminal cases along with different types of criminal lawyers, all the criminal offences in Canada come under 3 main categories:
- Summary Offences
- Indictable Crimes
- Hybrid Offences
The classification is made based on the severity of a crime. For instance, stealing $100 and making away with $10k isn’t considered similarly serious.
Different punishments and trial options apply to different types of crimes. For instance, you might be given the option to select the court where your trial will take place. Furthermore, you can choose whether a judge will hear cases alone or with a jury. And there’s more to it.
Let’s get into the details of different criminal offences in Canada.
1. Summary Offences
These are the least serious kind of crimes. That’s why they are often addressed as petty violations. If you commit a summary offence, law enforcement will have up to 12 months to charge you.
Example of Summary Offences:
- Causing public disturbance
- Trespassing
Maximum Sentence:
- 2 years of a jail sentence
- $5000 fine
- Both jail and fine
Court:
- Provincial court
Who conducts the trial?
- The judge alone
2. Indictable Crimes
These are the most serious kinds of crimes. If you are involved in this crime, there is no time limit for accusing or prosecuting you.
Example of Indictable Offences:
- Stealing over $5000
- Murder
- Breaking in
Maximum Sentence:
- Lifetime jail
- 1-year mandatory jail term for some serious crimes
- 8 months of jail based on the severity of the crime
Court:
- Provincial court or
- Superior Court
Note: According to section 469, some offences like treason and murder will be handled by the Superior court. Also, only a judge will handle your case. If you want a jury, you have to make a request or acquire special permission for that.
Who conducts the trial?
- In a provincial court, there will be only one judge.
- In the superior court of justice, you can choose whether you want only the judge to hear you or both judge and a jury.
3. Hybrid Offences
This is also known as a dual proceeding. In this circumstance, your violation can be petty or serious.
The crown will determine how your case will be treated. And that will mainly depend on the seriousness of the crime you’ve conducted.
Example of Hybrid Offences:
- Sexual assault
- Operating vehicles dangerously
Maximum Sentence:
- If considered a summary offence, the punishment will be a $5,000 fine, 6 months to 2 years in prison, or both.
- If it’s seen as an indictable offence, the sentence will be 2 to 14 years in prison.
- There is an obligatory minimum of 1-year jail for several hybrid offences.
Court:
- The provincial court will take care of the case if it’s assessed as a summary offence.
- If it turns out to be a punishable offence, you can choose the provincial or superior court.
Note: Absolute Jurisdiction applies for some hybrid offences. And only one judge from your provincial court will conduct the ruling.
Who conducts the trial?
- If considered a summary offence, a judge alone will conduct the trial.
- The judge will take over the Provincial Court of Justice trial if classified as an indictable offence.
- If it is an indictable offence and has to be tried in the Superior Court of Justice, you can choose whether you want a jury or just a judge for the trial.
Should You See a Lawyer If You Are Charged with a Criminal Offence?
If you face criminal accusations, you might consider taking the case yourself. Typically, people do this if it’s their first offence.
But doing so would be unwise. Besides, it might have repercussions beyond what generally occurs in a criminal case.
You won’t know if you should plead guilty if it’s a minor or lifetime-punishable crime!
Not to mention, this will significantly impact your ability to get a job, get a professional license, or get citizenship. This is why–hiring a competent criminal lawyer is vital.
Remember that you should not choose a criminal lawyer purely based on expense. If you want to go to jail unduly, you must hire a lawyer with experience managing criminal cases similar to yours.
Final Notes
The consequences of how criminal charges are categorized in Canada can greatly impact how trials are held and how criminal offences are addressed.
Understanding the classification of criminal offences used by the courts and prosecutors is crucial if you face criminal accusations.
You should now better understand how serious criminal offences are and the potential consequences. And it is vital to note that you should get legal counsel if you have been accused of a crime.