Criminal Code Summary Offences

Criminal law in Canada is a function of the federal government, and, for the most part, falls under the Criminal Code of Canada, with some offences falling under other acts, such as the Controlled Drugs and Substances Act. 

The Criminal Code outlines various offences, including summary offences. Summary offences are less serious offences compared to indictable offences and are generally punishable by lower penalties. 

A paralegal can offer their legal service within criminal law on summary offences, offering more affordable representation than a lawyer.

Here is a detailed synopsis of summary offences in Canada:

1. Definition: Summary offences are criminal offences that are considered less serious in nature. They are generally punishable by fines, probation, or a maximum imprisonment period of 24 months. However, some summary offences may have specific penalties prescribed by law.
2. Examples: Some common examples of summary offences in Canada include minor assaults, theft under a $5,000, mischief (damage to property), trespassing, causing a disturbance, public intoxication, harassment, and some traffic violations.
3. Criminal Proceedings: Summary offences are usually prosecuted summarily, meaning the trial is less formal and takes place before a provincial court judge. In certain cases, the accused may choose to be tried by a judge and jury. The accused has the right to legal representation, and the burden of proof rests with the prosecution.
4. Arrest and Release: In most cases, for summary offences, the police have the authority to arrest the individual without a warrant if they have reasonable grounds to believe an offence has been committed. However, for minor offences, the police often issue a summons or appearance notice instead of making an arrest.
5. Sentencing: The sentencing options for summary offences are more limited compared to indictable offences. The judge has discretion to impose fines, probation, community service, restitution (compensation to the victim), or a combination of these. Imprisonment for a summary conviction offence cannot exceed six months, except in cases where a specific punishment is prescribed.
6. Limitation Period: Summary offences have a limitation period within which charges must be laid. In most cases, the prosecution must initiate proceedings within six months from the date the offence was committed. However, some offences may have different limitation periods specified in the Criminal Code or other relevant legislation.
7. Criminal Record: Summary convictions result in a criminal record, which can have long-term consequences for employment, travel, and other aspects of an individual's life. However, individuals may be eligible for a record suspension (formerly known as a pardon) after a specified period of time has passed since the completion of their sentence.
8. Summary Offence Tickets: In certain jurisdictions, the police have the authority to issue summary offence tickets or violation tickets for minor offences, such as traffic violations or public consumption of alcohol. These tickets can be resolved by paying a fine or contesting the ticket in court.

It is important to note that the specific details and penalties for summary offences may vary depending on the province or territory in Canada. It is advisable to consult the Criminal Code and relevant provincial legislation or seek legal advice for accurate and up-to-date information on summary offences in a particular jurisdiction.

Do you need legal representation? No, you may represent yourself in a criminal matter, however, if you do, you must understand that it can be more detrimental to your case than not having someone who understands the law and the process around it. This question is best asked as "Should I have legal representation?", and the answer is a resounding yes!

All of that being said, representation comes at a cost, and that cost can be quite overwhelming for some, and this is something we may be able to help with as well. Life can be hard, expenses come up, jobs are lost, etc., be upfront if you are in a situation and we can try and work something out.

If you are in the surrounding areas of Oshawa, Lindsay, Peterborough, Newmarket, and Cobourg, and in need of legal service in a criminal law matter, contact us to discuss your options.

For a list of summary offences that we handle, click below.