In Canada, criminal offences are broken down into two main categories: summary conviction offences and indictable offences. Briefly, summary conviction offences are less serious crimes that can incur fines that are generally less than $5,000 and/or relatively short jail sentences (typically less than two years). An indictable offence involves serious criminal activity—and as such, the penalties are far more severe. These may include steep fines and a maximum of life imprisonment.
Here’s what you need to know about summary offences
Summary offences can include everything from traffic violations to creating a disturbance, but they can also include “less serious” cases of sexual assault (for instance, an unwanted kiss or inappropriate touching).
The Summary Offences Procedure Act, 1990 (S63.1) specifies the legal process for summary offences. They are considered to be “petty crimes” and therefore:
- A person charged with a summary offence is usually not arrested unless found committing an offence
- The person charged is given notice to appear in court at a specified date and time
- In most cases, the person charged is not required to appear in court; a legal representative may appear on his or her behalf
- The matter is heard by a judge in Provincial Court
Other examples of summary offences include:
- Petty theft/shoplifting
- Traffic violations
- Minor drug possession
- Public intoxication
- Disorderly conduct
This is what you need to know about indictable offences
Indictable offences are serious criminal acts that carry large fines and potentially long prison sentences. The types of offences that fit into this category range from dangerous driving that causes fatalities or significant injuries to the most egregious offences of murder, aggravated sexual assault, or kidnapping with a ransom demand.
Other examples of an indictable offence include:
- First- and second-degree murder
- Manslaughter
- Aggravated assault
- Arson
- Terrorism
In Saskatchewan, all cases begin with an appearance in Provincial Court. Depending on the charge, an accused person has “right-of-election,” meaning he or she can choose to go before the judge at the Provincial court, in the Court of the King’s Bench, in front of a judge, or in the Court of the King’s Bench by judge and jury. Where the charges are for the most serious crimes, there is no right of election. Furthermore, the person charged is required to appear in court, whether they choose to represent themselves or have a criminal defence lawyer represent them.
Reference chart on the differences between summary offences and indictable offences:
| SUMMARY OFFENCES | INDICTABLE OFFENCES |
| Less serious charges, including but not limited to speeding tickets, trespassing, “dining and dashing” and joyriding | More serious charges, including but not limited to murder, discharging a firearm with intent to injure, drug trafficking and terrorism |
| A 12-month limitation period for commencing a court action | No limitation period; there is no limit to when police can bring a charge for an indictable offence |
| Simplified pre-trial procedure where certain procedures are eliminated, making it faster and less complicated | Because of the severity of the crime, the pre-trial procedure is more complex and often includes a preliminary hearing |
| Tried in Provincial Court | More likely to be heard in the Court of King’s Bench |
| Trial by a judge | Trial by a judge or by a judge and jury |
| The accused does not need to be present for | The accused is usually required to be in court |
| Penalties can include a fine of up to $5,000 and/or 6 months in jail | Penalties can include a sentence of up to life imprisonment with no parole eligibility for 25 years |
| The charge can appear on a criminal record but may be eligible for a record suspension after 5 years | The charge appears on criminal record but may be eligible for a record suspension after 10 years |
What about hybrid offences?
A hybrid offence is one in which the prosecutor chooses whether a criminal act should be charged as a summary offence or an indictable offence. The decision on which to choose is based on the severity of the crime, the actions of the offender, the offender’s criminal history, and what harm was caused.
What are the legal implications of summary and indictable offence convictions?
Obviously, any conviction of a crime carries implications for the person found guilty. It can limit one’s ability to find employment, rent housing, travel outside of Canada, maintain professional licensure and obtain legal residency. Immigrants may face deportation. If found guilty of impaired driving, it can mean losing insurance, having driving privileges suspended, and having an interlock device placed on a vehicle.
Moreover, it can adversely affect relationships with coworkers, neighbours, friends, and family members.
Can convictions be appealed?
Yes, a person convicted of a criminal offence in Saskatchewan has the right to appeal. The appeal must be filed with the Court of Appeal for Saskatchewan within 30 days of being sentenced. The Court reviews sentence appeals and conviction appeals and makes a determination concerning whether to allow the appeal and order a new trial, allow the appeal and change the order, or dismiss the appeal. Because the process is time-sensitive and complex, it is in a convicted person’s best interest to work with an experienced appeals lawyer.
Anyone facing criminal allegations has a great deal at stake: their reputation, their freedom, and their future. While the courts often allow a person charged with an offence the opportunity to defend themselves, they will ultimately find themselves trying to navigate uncharted and dangerous waters.
Hire a skilled and knowledgeable criminal defence lawyer.
At Nychuk & Company, we have more than 30 years of experience in defending clients in Regina and throughout South Saskatchewan across a range of summary and indictable offence charges. Our commitment is to provide our clients with the best possible defence to get the best possible outcome. Talk to us. We offer in-person or remote consultations. We will listen to your story and discuss your options. To schedule an appointment, please call our office at 306-359-0202 or contact us online. We are available 24/7 to help you.