If you watch American legal or crime dramas, you may have wondered what felonies and misdemeanours are. The legal system operates differently in Canada from the United States. Whether you find yourself facing criminal charges or are simply curious about the Canadian legal landscape, it’s essential to understand how crimes are classified.
In Canada, the terms “felony” and “misdemeanour” are not used to categorize criminal offences as they are in the United States. Instead, Canada’s legal system uses a different classification system that divides offences into three categories: summary, indictable and hybrid offences.
Summary conviction offences
Summary conviction offences are generally considered less serious in nature and typically involve less severe penalties. The maximum penalty for a summary offence is a fine of $5,000 and a prison sentence of two years less a day.
Indictable offences
On the other hand, indictable offences are more serious in nature and carry the potential for substantial penalties. These offences encompass a wide range of crimes, including but not limited to, treason, sexual assault, terrorist activities and murder. Penalties for indictable offences can range from lengthy prison sentences to life imprisonment, and they often have mandatory minimum sentences. In some cases, certain indictable offences can also lead to parole ineligibility for specific periods.
Hybrid offences
Finally, some offences in Canada are categorized as “hybrid” offences. This means that the prosecution can choose whether to proceed with the case as a summary conviction offence or an indictable offence, depending on the circumstances and specific situation. For example, the offence of assault encompasses a wide range of non-consensual touching. More severe instances of assault may be treated as indictable offences, while less severe instances may be treated as summary conviction offences.
Importance of legal representation
Navigating the Canadian legal system, regardless of the offence’s classification, can be complex and overwhelming. As such, seeking the counsel of an experienced criminal defence firm is crucial. At Collett Read LLP, our highly skilled criminal defence lawyers are experienced in dealing with a wide array of cases. We provide strategic and tailored legal representation to safeguard your rights and achieve the best possible outcome for your case. With our expertise, compassionate support, and relentless dedication, you can trust Collett Read LLP to be your strong ally in defending against criminal charges. Contact us today for a free and confidential consultation through our intake form or call (905) 541-2228.