Being charged and going to court can be very stressful, and not every case is tried the same way. At its least worrying, you may simply be charged with something like a traffic offence, and you may show up at court to contest the charge. On the most extreme end, however, your future may be on the line as you face criminal charges, complete with fines, probation, house arrest and a possible jail sentence.
In Canada, there are two different types of offences: summary offences and indictable offences. But what is a summary offence in Canada? This blog will explore summary offences and summary convictions in more detail.
What is the Difference Between a Summary Offence and an Indictable Offence?
A summary offence in Canada is the equivalent of a misdemeanour. This means that the violation is not considered serious and brings with it a lighter sense of resolution and expectation. On the other hand, an indictable offence can be thought of as a felony, and the court considers this a “full crime” and will resolve it in court with a much harsher punishment.
People facing summary convictions have a very different experience from people facing indictable convictions, and the consequences are far-ranging.
A Summary Offence in Canada May Not Require a Jury
Compared to indictable offences, summary offences in Canada are treated far less intensely, and it may be felt that no jury is needed. Rather than a prolonged court session where a jury must be presented with evidence, weigh that evidence, and reach a verdict, in a summary conviction case, the judge may simply make the final decision.
Statute of Limitations for a Summary Offence
Summary convictions in Canada also have a statute of limitations. In most summary conviction situations, charges must be laid within six months of the violation occurring. After that, if no charges are laid, the offence is essentially ignored. If a case does go to court, it always goes to the provincial court and stays there. In fact, someone charged with a summary offence may not even have to go to court. A lawyer or other agent can act on that person’s behalf, and the consequences are far less severe.
Consequences of a Summary Conviction in Canada
There may still be a jail sentence involved, but unlike an indictable offence, it’s a maximum of six months, while any fines applied are usually no more than $2000. However, a successful conviction on a summary offence in Canada is still considered a criminal conviction, even if it was for impaired driving, a DUI, or theft under $5000, and it can still have an impact on your life. That conviction will show up on a background check forever and can affect your professional and travel opportunities.
Contact Us for Help Moving Past a Summary Offence in Canada
It’s important to remember that even with a criminal record, there’s hope. A record suspension or pardon can eventually wipe clear that information from a background check, but it can be a lengthy, complex process.
We have years of experience helping Canadians clear their records and regain all the opportunities that were once limited to them. Reach out to Pardons Canada for the guidance and support that you need. We know exactly what to do to ensure that your record suspension application has the best possible chance for success in the shortest possible time. Contact us today to get started.
