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Most criminal laws are found in the Criminal Code. Other criminal laws are found in the Controlled Drugs and Substances Act, the Customs Act and the Income Tax Act. Provincial offences are set out in a variety of acts, such as The Alcohol and Gaming Regulation Act, The Traffic Safety Act, or The Wildlife Act.
Provincial offences are not criminal offences, but in some ways these two types of offences are alike. The Constitution of Canada gives only the federal government the power to make criminal laws. Any law the federal government makes applies across the country. The Constitution gives the provinces the power to make laws too. These laws are called provincial laws. Each province has different laws.
Many provincial offences are punishable by fine or jail just like criminal offences. Usually, the law that creates the offence says what the maximum penalty or fine may be. Some provincial laws also say that if you do not pay the fine, the judge can send you to jail. A conviction under a provincial law does not form part of a criminal record. However, the province does keep records for its purposes. For example, offences under The Traffic Safety Act result in loss of points under the Safe Driver Recognition Program.
Municipalities like cities and towns can also make laws. These are called bylaws. They are mostly the same as provincial offences except they only apply within the municipality. The penalties for these offences are typically fines. There are some cases where jail can be a penalty as well, however.
Summary means in a quick and simple manner. Summary conviction procedure means the accused person can get to court relatively quickly. Summary conviction offences are usually less serious offences. Some examples of summary conviction offences are:
Generally, the maximum punishment is a fine of up to $5,000, a jail term of up to one day less than two years, or both. Some summary conviction offences carry higher maximum fines. One example is the offence of animal cruelty which carries a maximum fine of $10,000. There is a 12-month limitation period for summary conviction offences. This means that a person cannot be charged on summary conviction more than 12 months after the incident occurred.
Very few offences in the Criminal Code are only summary conviction offences. Most matters that are prosecuted as summary conviction are actually dual offences.
Indictable offences are more serious crimes than summary conviction offences. Indictable offences include:
The penalties for these offences will vary depending on the specific offence. The most severe consequence is life in prison. There is no limitation period for indictable offences. This means that the police can charge a person years after the offence occurred.
Dual offences can be prosecuted as summary conviction or indictable offences. These are sometimes called hybrid offences. The Criminal Code includes many dual offences such as:
A dual offence is treated as an indictable offence until the Crown Prosecutor gets the case. Then the Crown Prosecutor makes the choice to proceed by summary conviction or indictable procedure.
Usually, the Crown Prosecutor prosecutes less serious dual offences as summary conviction offences. They may choose to prosecute a dual offence as an indictable offence if the accused person has a criminal record or there are circumstances that make the crime more serious. The range of penalties depends on whether the Crown Prosecutor prosecutes the offence as a summary conviction or an indictable offence.
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