SUMMARY OFFENCES
(We can represent you)
Possession of a weapon in public
Impersonating a peace officer
Disorderly conduct
Indecent acts, public or private
Public exposure
Public nudity
Causing disturbance, indecent exhibition, loitering, etc.
Disturbing religious worship or certain meetings
Trespassing at night
Being fond in a prostitute house
Transporting a person to a prostitution house
Unauthorized use of a bodily substance
Theft valued under $5,000
Taking a motor vehicle or found therein without consent
Harassing telephone calls
Falsifying employment record (punching time clock etc.)
Impersonation at examination
The penalties for a summary offence are also less severe, with a maximum fine of $5000 and/ or imprisonment of not more than two years, and you will serve the jail term in a provincial institution. Summary convictions also must be charged within 12 months after the crime was committed.
For a summary offence, you usually do not need to appear in court if you have a legal representative appearing on your behalf, but the judge may order you to be present in some cases. In many cases, you do not have to have your fingerprints taken if you are charged with a summary offence.
In Canada, an indictable offence is considered a more serious crime and carries more significant penalties if you are convicted. Paralegals can not represent persons who were charged with an Indictable Offence.
Indictable offences are considered the most severe types of crimes and include murder, treason, hijacking, breaking and entering to steal a firearm and kidnapping. The most serious offences, called section 469 of the criminal code, include murder and treason. For these offences, your bail hearing will take place in the Court of the Queen’s Bench, and you cannot choose to have your case heard by a Provincial Court Judge.
HYBRID OFFENCES
(We may be able to represent you after talking to the Crown)
Many crimes are characterized in the Criminal Code as hybrid offences because the seriousness of the crime often depends on the circumstances and the particular facts of each case. For hybrid offences, the Crown can choose or “elect” to prosecute by summary conviction or as an indictable offence. This choice often depends on the circumstances of the case and the accused’s criminal history.
Many crimes are characterized in very broad terms. A sexual assault can include unwanted touching and also include rape. Defining these offences as hybrid allows the Crown to consider the facts of the case before proceeding summarily or by indictment.
Examples of Hybrid Offences include:
Impaired driving
Assault
assault with a weapon
sexual assault
possession of a controlled substance
By the way...
If someone is confronted with an allegation of criminal wrongdoing, they are not required to respond. It is best for them to consult a Legal Adviser before saying anything to anybody about the matter, as the accuser may be trying to get the person to:
admit that they did something wrong, or
offer an excuse or defence that can be later proven to be false.
Whether contacted by the police, an accuser, or anyone on behalf of an accuser, to explain “your side of the story”, the person being accused of a crime should tell whoever contacted them that they will be hiring someone who will contact the police (or the accuser, as the case may be) to discuss the matter in more detail.
It is important to remember that, at this early stage of the criminal process, there are many facts the suspected person will not know, and for which accusers will be looking for answers and/or admissions of guilt. By hiring a legal adviser immediately, an accused person will be able to refer all questions to their paralegal.