Summary, Indictable and Hybrid Offences in Canada
Almost every question people ask about a charge — how serious is it, which court, will there be a jury, how long can they take to charge me — is really a question about which of these three categories it falls into.
Canadian offences fall into three categories. Summary conviction offences are the least serious and are tried in the Ontario Court of Justice. Indictable offences are the most serious and carry procedural rights including, for many, a jury. Hybrid offences can be prosecuted either way, and the Crown elects.
What Are the Three Categories of Offences?
| Category | Seriousness | Court | Who decides the route |
|---|---|---|---|
| Summary conviction | Least serious | Ontario Court of Justice | Fixed by the offence |
| Indictable | Most serious | OCJ or Superior Court, sometimes with a jury | The accused elects, for most offences |
| Hybrid | Either | Depends on the Crown's election | The Crown elects |
The great majority of Criminal Code offences are hybrid. Assault under section 266, uttering threats under section 264.1 and impaired driving under section 320.14 are all examples: the same conduct can be prosecuted either way.
Because most offences are hybrid, the Crown's election is frequently the single most consequential decision made in the early life of a case — and it is made before most accused have any input.
What Is the Maximum Penalty for a Summary Conviction Offence?
Section 787(1) sets the general penalty: unless otherwise provided by law, a person convicted of an offence punishable on summary conviction is liable to a fine of not more than $5,000, or imprisonment of not more than two years less a day, or both.
That figure is worth pausing on. The general summary maximum was raised in 2019 from six months to two years less a day. A great deal of published material, including material written for the public, still states the old six-month figure.
Many individual offences set their own summary maximum, which overrides the general one. The section applies only where the particular offence is silent.
Is There a Time Limit on Laying a Charge?
For summary conviction offences, yes. Section 786(2) provides that no proceedings shall be instituted more than 12 months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant agree otherwise.
This limit was also changed in 2019, from six months to 12 months. Material describing a six-month limitation period is out of date.
For indictable offences there is generally no limitation period at all. A charge can be laid years or decades after the events.
Where an offence is hybrid, the limitation period bites only if the Crown elects summarily. That is why the Crown will sometimes proceed by indictment on an older hybrid allegation.
Why Does the Election Matter So Much?
- It sets the maximum sentence available.
- It determines which court hears the trial, and whether a jury is possible.
- It determines whether a preliminary inquiry is available.
- It affects whether the 12-month limitation period in section 786(2) applies.
- It affects how long a conviction is disclosed on an Ontario police record check — convictions for offences prosecutable only by summary conviction are not disclosed on a criminal record check more than five years afterwards.
- It affects the waiting period for a record suspension: five years after a summary conviction, ten after an indictable one.
For indictable offences other than those in the absolute jurisdiction of a provincial court judge and those listed in section 469, the accused elects the mode of trial — judge alone in the Ontario Court of Justice, judge alone in the Superior Court, or judge and jury.
Section 469 offences, including murder, must be tried in the Superior Court, which is also why bail on those charges is dealt with there under section 522.
Frequently asked questions
Browse every answer on this siteSummary conviction offences, indictable offences, and hybrid offences that can be prosecuted either way at the Crown's election. Most Criminal Code offences are hybrid.
Section 787(1) sets a general maximum of a $5,000 fine or two years less a day, or both, unless the particular offence provides otherwise. This was raised from six months in 2019.
For summary conviction offences, section 786(2) sets 12 months from when the subject matter arose, unless both sides agree otherwise. Indictable offences generally have no limitation period.
An offence the Crown may prosecute either summarily or by indictment. The Crown makes that election, and it determines the maximum sentence, the court, the availability of a jury and the limitation period.
For most indictable offences the accused elects the mode of trial. Offences listed in section 469, such as murder, must be tried in the Superior Court.
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This page is general information about Canadian law, not legal advice, and reading it does not create a lawyer-client relationship. Statutes are amended; provisions are described as at the consolidation reviewed when this page was written.
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