The 3 Main Types of Criminal Offences in Canada

The 3 Main Types of Criminal Offences in Canada

In British Columbia there are 3 main types of criminal offences. They are (1) purely summary conviction offences, (2) purely indictable offences, and (3) hybrid offences.

These 3 types of offences are set out in the Criminal Code of Canada.

Purely summary conviction offences

The list of summary conviction offences is set out in section 553 of the Criminal Code. These are the most minor charges compared to indictable and hybrid offences. Examples include theft (under ,000) and mischief charges.

Purely indictable offences

Indictable offences are the most serious criminal offences. These offences are set out in section 469 of the Criminal Code. Examples of indictable offences include murder and treason.

Hybrid offences

Hybrid offences are all those not listed in either section 553 or 469 of the Criminal Code. The majority of criminal offences in Canada are hybrid.

What hybrid offence means is the prosecutor can choose whether to classify an offence as summary conviction or indictable. How a charge is classified determines how a charge is processed through the criminal court system.

Process: summary conviction vs. indictable

The two main differences are (1) the maximum punishments, and (2) the court process.

When the prosecutor has the option to choose (i.e. hybrid offence), the summary conviction maximum punishments are often less severe than indictable classification.

For example, an impaired driving charge (aka operating while impaired) is a hybrid offence where the prosecutor can choose to proceed summarily or by indictment. As an indictable offence, the maximum punishment is 5 years in jail; as a summary conviction offence, the maximum punishment is 18 months.

Another difference is the court process.

In British Columbia, criminal cases are processed and heard provincial courts and supreme courts. All trials in Provincial Court are heard by judge alone, whereas trials in Supreme Court may be heard by a judge alone or judge and jury.

Purely summary conviction offences (those listed in section 553 in the Criminal Code) are processed and heard only in Provincial Court. This means that an accused doesn't have the option for a jury or a preliminary inquiry.

If a charge is a hybrid offence, and the prosecutor classifies it as indictable, then the accused can choose whether to have the case processed and heard in Provincial Court or Supreme Court.

The main difference with Supreme Court is the option for a jury and preliminary inquiry (a pre-trial hearing where the prosecutor presents evidence to the court to determine whether there is sufficient evidence to continue against the accused).

If the prosecutor chooses to classify and proceed by indictment (i.e. indictable offence), then the accused chooses whether to have the case heard in Provincial Court or in Supreme Court by judge alone or judge and jury.

Purely indictable offences (those listed in section 469 of the Criminal Code) are processed and heard only in Supreme Court. The default trial mode is judge and jury; however, if the accused and prosecutor consent, the trial may be heard by judge alone.

That sets out the 3 types of criminal offences in British Columbia.

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Criminal No Contact Orders - What Constitutes a Violation?

Criminal No Contact Orders - What Constitutes a Violation?

A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party. This article pertains to Rhode Island (RI) no contact orders.

In other words if a person is under this type of restrianing order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say "hi" if they walk by the victim by chance on the street.

Be very careful! A person can be arrested for a violation even if the victim initiates the contact and calls the defendant. A person can be charged with a violation even if invited by his wife to come back to the marital home.

Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. It also expires if the case is dismissed or the defendant is found not guilty. However, be careful because there may also be another restraining order issued as a result of a divorce or Family Court matter or a District Court restraining order.

A person who is on probation, bail or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. A violation is a crime in itself which is also a violation of the conditions of probation, filing or bail.

A person on probation, during a one year filing or bail can be held at the ACI if they are accused of violating a no-contact order. For example if a person is on probation, filing or bail, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI. If a person has a suspended sentence the amount of jail time for could be substantial.

Legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

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What's The Difference Between A Criminal Matter And A Civil Matter?

What's The Difference Between A Criminal Matter And A Civil Matter?

This is a good question. It's asked of me more than any other questions.

These are examples of criminal matters:

Robberies, rapes, murders, all thefts, burglaries, dui laws.

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Juvenile Criminal Records

Juvenile Criminal Records

Nowadays, gaining access to the criminal records of people is a fairly easy process. This is because firms and individuals can easily request for information from a number of sources that provide them. However, the process is not very simple when it comes to gaining access to juvenile criminal records. One reason for this is that the criminal records that are maintained by both state and federal authorities that they open to the public are records of adults. In addition to this, the laws regarding juvenile criminal cases significantly limits access to these kinds of records as a way of protecting a young person's welfare given that juvenile criminal cases are treated differently by the justice system.

How juvenile criminal cases are treated by the justice system

The criminal process that is followed in juvenile criminal cases is not the same with the process that is followed when the accused is an adult. This is mainly because in juvenile criminal cases, the juvenile is charged with being a delinquent or engaging in delinquent behavior instead of being charged for a specific crime. In addition to this, these kinds of cases are tried in a juvenile court wherein a court judge would sentence the delinquent with the aim of rehabilitating the juvenile. Another major difference is that juveniles do not have the right to a trial by jury. However, if a juvenile is accused of committing a serious crime such as murder, the District Attorney, with the permission of the judge can try the juvenile as an adult.

What happens to their records?

As a rule, all juvenile records are supposed to be closed and confidential at the court's discretion and it is also solely dependent on the court if these records would be expunged or destroyed. However, the common practice with regard to destroying juvenile records across different states is that when the juvenile reach legal age, the court would order the records destroyed. Given this, access to these records is very limited and lawyers who may want to look at the juvenile record of an accused would have to prove that it has direct relationship with the crime that an adult person is accused of doing.

Unlike with the criminal records of adults, gaining access to juvenile criminal records can be a very difficult process. This is because of the different way juvenile cases are treated by the justice system, which is aimed at protecting the welfare of the juvenile. In addition to this, there are strict laws that also protect these records from being accessed, which also adds to the difficulty of gaining access to juvenile criminal records.

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