Understanding Criminal Offences in Canada

​In Canada, criminal offences are primarily set out in the Criminal Code. The law divides offences into three main categories based on their seriousness and the court process involved.

1. Summary Conviction Offences: Summary offences are less serious crimes and are handled through a faster and simpler court process.

Examples include:

• Causing a disturbance
• Minor theft (shoplifting)
• Trespassing at night

Key Features:

• Heard in Provincial Court
• No jury trial
• Lower maximum penalties (fines or shorter jail terms)
• Generally, charges must be laid within 12 months

2. Indictable Offences: Indictable offences are more serious crimes and carry more severe penalties.

Examples include:

• Murder
• Robbery
• Aggravated assault
• Major fraud

Key Features: 

• More complex court process
• May involve a preliminary inquiry
• May be tried before a judge and jury
• Higher penalties, including lengthy prison sentences
• No time limit for laying charges (in most cases)

3. Hybrid (Dual Procedure) Offences: Hybrid offences can be treated as either summary or indictable. The Crown prosecutor decides how to proceed based on the circumstances of the case.

Examples include:

• Assault
• Theft under $5,000
• Impaired driving

The decision depends on factors such as:

• The seriousness of the conduct
• The impact on the victim
• The accused’s prior record

Other Types of Criminal Offences: Property Offences - Crimes involving property, including:

• Theft
• Fraud
• Mischief (damage to property)

Violent Offences: Crimes involving harm or threat of harm to another person, including:

• Assault
• Sexual assault
• Homicide

Drug Offences: Drug-related offences are primarily governed by the Controlled Drugs and Substances Act, which regulates possession, trafficking, importation, and production of controlled substances.

Youth Criminal Offences: When the accused person is between 12 and 17 years old, cases are handled under the Youth Criminal Justice Act. This law emphasizes rehabilitation, accountability, and reintegration into society, rather than punishment alone.

If you or a loved one is facing criminal charges, understanding the type of offence is the first step. Our firm provides clear guidance, strong advocacy, and experienced representation at every stage of the criminal process.
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Contact us today for a confidential consultation. We can be reached at 780.784.1295 or by email at [email protected].