Different types of offence in Canada

Different types of offence in Canada

Canada’s Criminal Code encompasses three categories of offenses: summary conviction offenses, indictable offenses, and “hybrid offenses,” also referred to as “Crown-electable offenses.”

Hybrid offenses, sometimes termed “Crown-electable offenses,” possess the flexibility for the Crown to opt for either summary conviction or indictment.

To put it simply, summary conviction offenses are less severe compared to indictable offenses; this constitutes the primary distinction between the two.

Indictable Offenses

Indictable offenses constitute the gravest crimes, such as murder, acts of terrorism, robbery, drug trafficking, treason, certain forms of sexual assault, and other profoundly serious criminal acts. Convictions for these offenses entail severe penalties, potentially including life imprisonment.

Individuals charged with indictable offenses hold the privilege to select their trial format. They can opt for a trial presided over solely by a judge in a provincial court, a judge-only trial in a superior court, or a jury trial, with or without a preliminary hearing. Nevertheless, not all those facing indictable offenses possess the entitlement to a preliminary hearing or a trial by judge and jury. The exceptions are outlined in section 553 of the Criminal Code.

Furthermore, not every offense permits the accused to choose a trial with only a judge unless the prosecutor agrees. For example, in cases of first-degree murder, the consent of the Crown is mandatory for a judge-only trial. There is no temporal restriction for indictable offenses, allowing for charges, trials, acquittals, or convictions to occur at any time as long as there is sufficient basis for the charges.

Indictable offenses typically entail complexity and severe consequences. Defending oneself against allegations without legal assistance is unwise, and doing so in the context of an indictable offense is reckless. Appeals for indictable offenses are heard by the relevant province’s Court of Appeal where the case was tried.

Summary Conviction Offenses

Summary conviction offenses represent the least severe category of criminal offenses in Canada. While they constitute a minority of offenses within the Criminal Code, some instances of pure summary conviction offenses encompass possession of marijuana under 30 grams, solicitation of prostitution, and being found in a common bawdy house.

Different types of offence in Canada

The most severe forms of offenses in Canada originate from the Criminal Code and are considered the gravest among all Canadian laws. Additional offenses falling under criminal, quasi-criminal, and provincial categories are established through acts like the Controlled Drugs and Substances Act, the Customs Act, or the Highway Traffic Act. However, this article will acquaint you with the most prevalent kinds of criminal offenses in Canada.

Varieties of Criminal Offenses in Canada

In case you find yourself charged with a criminal offense, whether major or minor, it’s advisable to seek the assistance of a professional criminal attorney in Toronto. Canadian courts operate on an adversarial system, implying that your interests often conflict with those of the Crown and the police. Even if you perceive a proposed resolution as fair, there might be undisclosed conditions with significant implications for your present and future life.

Canada recognizes three categories of criminal offenses: indictable, summary, and Crown-electable/hybrid offenses.

Indictable Offenses

These represent the most serious violations outlined in the Criminal Code, encompassing crimes like murder, human trafficking, and robbery. Convictions for these offenses carry a spectrum of penalties, including life imprisonment and/or substantial fines.

If you face charges for an indictable offense, you have options for your trial venue:

  • Ontario Court of Justice before a judge
  • Superior Court of Justice before a judge
  • Superior Court of Justice before a judge and jury

The optimal choice depends on the nature of the charges and the specifics of your case. For instance, if you’re undergoing trial for aggravated sexual assault involving sensitive or emotional evidence or relying heavily on legal arguments, a trial before a judge alone might be more suitable. Conversely, if your defense presents a compelling case that a jury can empathize with, a trial before a judge and jury could be preferable.

You can also opt for a preliminary inquiry to gauge whether the evidence is substantial enough for a jury to potentially convict you. If not, you’ll be discharged, ending the case (unless appealed by the Crown). Preliminary inquiries can also unveil undisclosed evidence or breaches of the accused’s Charter rights.

Contrary to portrayals in media, Canada lacks “statutes of limitations” for indictable offenses, meaning you could face charges and conviction years after the incident, if indicted.

Once charged, you hold the right, as per the Canadian Charter of Rights and Freedoms (section 11(b)), to a trial within a reasonable timeframe. The Supreme Court of Canada recently set a limit of 18 months for provincial court cases and 30 months for superior court cases, excluding delays due to exceptional circumstances or caused by the Defense. Gaining a stay due to unreasonable delay or Charter violations necessitates a successful motion by the Defense.

Apart from the inherent risks of self-representation during an indictment trial, lacking legal counsel exposes you to missed opportunities for charge dismissal, withdrawal, or stay.

  • Indictable Offenses: The Most Severe

Summary Conviction Offenses

Summary offenses, categorized as “minor,” encompass charges like trespassing, causing a disturbance, or unlawful assembly. Pure summary conviction offenses have a 12-month limitation period, barring charges beyond that point. These offenses are tried by a judge alone in Provincial Court.

Unless explicitly indicated in the Criminal Code, summary convictions carry a maximum penalty of up to two years less a day in provincial jail and/or fines up to $5,000 (for organizations, the fine ceiling rises to $100,000). Alternative sentences like restitution, probation, suspended sentences, and discharges are possible, given certain conditions, and apply to both summary and indictable convictions.

Different types of offence in Canada

Diversion might be accessible if the offense is minor and circumstances warrant. Diversion entails the Crown staying or withdrawing charges in exchange for actions such as charitable donations, community service, or counseling.

Common offenses eligible for diversion encompass:

  • Theft under $5,000
  • Mischief under $5,000
  • Possession of small drug amounts
  • Minor assault

Hence, seeking legal counsel remains crucial, even for seemingly minor charges. A Toronto assault attorney could advocate for diversion in a minor assault case, highlighting factors that make you eligible.

Hybrid Offenses

The third category comprises hybrid offenses, where the Crown chooses between summary or indictment proceedings. This decision hinges on factors such as the allegations’ seriousness, societal interest, and the accused’s criminal history. The Crown’s determination is generally non-reviewable except in rare, extraordinary cases.

The majority of offenses in the Criminal Code fall under the hybrid category and include breach of probation, impaired driving, and controlled substance possession.

Exercise Caution Regardless of the Offense in Canada

Facing a charge like theft under $5,000 might appear inconsequential, but a conviction can impact employment prospects, international travel, and even lead to deportation. It’s prudent to consult a lawyer to make informed decisions on addressing your charges.

Distinct from indictable offenses, summary conviction offenses possess certain distinctive attributes. For instance, a one-year limitation period is applicable to all summary conviction offenses or cases where the Crown selects summary conviction. Additionally, individuals charged with pure summary conviction offenses are not obligated to provide their fingerprints to law enforcement either during or after arrest or conviction.

For those facing charges related to a summary conviction offense, their appeals are heard in the Superior Court of the pertinent jurisdiction, rather than the Court of Appeal.

Appeals for summary conviction offenses within Ontario are heard in the Ontario Superior Court of Justice. These offenses typically carry a maximum penalty of imprisonment for up to two years less a day and a fine of up to $5000. Unlike indictable offenses, individuals charged with summary conviction offenses do not have the right to a jury trial or to have their case heard in the Superior Court of Justice, unless they are concurrently being tried for an indictable offense.

Hybrid Offenses

Hybrid offenses constitute the most prevalent forms of criminal offenses in Canada. These offenses afford the Crown the discretion to choose whether to proceed through indictment or summary conviction. Examples of hybrid offenses encompass assault, sexual assault, fraud under $5000, and possession of cocaine.

The Crown’s determination to opt for an indictment or summary conviction is discretionary, often influenced by factors like the gravity of the allegations, the accused’s criminal record, and the intricacy of the case. Typically, this decision is not subject to judicial review, barring instances of deliberate misuse of the legal process.

The Crown’s decision-making factors could encompass court resource availability, community notoriety of the case, whether the offense was sworn outside the summary conviction limitation period, and other pertinent considerations. It’s essential to note that the penalties for hybrid offenses vary based on whether they are pursued by indictment or summary conviction. Table 16. Classification of Offenses

Different types of offence in Canada

Crimes Relating to Individuals

  • Serious Offenses Against Individuals

  1. First-Degree Murder
  2. Second-Degree Murder
  3. Manslaughter
  4. Infanticide
  5. Motor Vehicle Offenses Resulting in Fatalities
  6. Attempted Murder
  7. Conspiracy to Commit Murder, Negligence Resulting in Death, and others
  8. Aggravated Sexual Assault (Level 3)
  9. Sexual Assault with Weapon or Bodily Harm (Level 2)
  10. Aggravated Assault (Level 3)
  11. Assault with Weapon or Bodily Harm (Level 2)
  12. Infliction of Unlawful Bodily Harm
  13. Robbery
  14. Serious Sexual Offenses Against Minors
  15. Kidnapping, Abduction, Hostage-Taking, Forcible Confinement
  16. Extortion
  17. Discharging Firearm with Intent to Injure, and more
  18. Criminal Negligence Resulting in Bodily Harm
  19. Miscellaneous Serious Offenses

 

  • Mixed Offenses Against Individuals

  1.  Sexual Assault (Level 1)
  2. Assault (Level 1)
  3. Assault on a Peace Officer, Resisting Arrest
  4. Criminal Harassment
  5. Others (Threats, Libel, Abduction, and more)

Crimes Against Property

  • Serious Offenses Against Property

  1. Break and Enter, Possession of Burglary Tools
  2. Theft of Property Valued above … or Theft of a Motor Vehicle
  3. Unauthorized Use of a Motor Vehicle
  4. Arson
  5. Counterfeiting

 

  • Lesser and Mixed Offenses Against Property

  1. Theft of Property Valued Below …
  2. Possession of Stolen Property
  3. Fraud, Credit Card Offenses, Forgery, False Pretenses
  4. Mischief Resulting in Property Damage

 

  • Crimes Against the Justice System (Administrative Offenses)

  1. Failure to Appear in Court; Bail Violations
  2. Breach of Probation, Failure to Comply with Youth Offender Act Disposition
  3. Escape from Custody/Prison, Being Unlawfully at Large
  4. Obstruction of a Peace Officer
  5. Others (Obstruction of Justice, Bribery of Officials, etc.)

 

Other Offenses

  • Serious Other Offenses

  1. Trafficking/Importing/Producing/Possessing Drugs or Controlled Substances with Intent
  2. Explosives Offenses
  3. Prohibited Weapons Offenses (Possession, Import, etc.)
  4. Restricted Weapons Offenses (Possession, Import, etc.)
  5. Other Weapons Offenses (Careless Use/Storage of Firearm, Firearms Sale Offenses, Concealed Weapon)

 

  • Lesser and Mixed Other Offenses

  1. Possession of Cocaine, Cannabis, Other Drugs, and Controlled Substances
  2. Impaired Driving, Driving over .08, Refusal to Provide Breath Sample, and more
  3. Other Criminal Code Traffic Offenses (Hit & Run, Dangerous Operation, etc.)
  4. Operating Betting/Gaming House: Keeper, Found In
  5. Bookmaking, Unauthorized Lottery, and more
  6. Indecent/Harassing Telephone Calls
  7. Causing Disturbance
  8. Vagrancy, Public Nuisance, Night Trespass
  9. Communication for Prostitution Purposes
  10. Keeping/Inhabiting Bawdy House
  11. Other Morality-Based Offenses (Public Nudity, and more)
  12. Other Criminal Code Offenses (Money Laundering, Attempts, Accessories, and more)
  13. Other Violations under Federal Statutes (Canada Shipping Act, Immigration Act, and more)