Overview: Canadian Indictable Offences
There are three main categories of criminal offences in the Canadian criminal law spectrum. The first types of offences are summary offences, which encompass less serious offences. Indictable offences are the most serious category of crimes, while hybrid offences can be summary or indictable offences depending on the Crown prosecutor. However, it’s worth noting that hybrid offences are generally treated as indictable offences until the Crown prosecutor rules otherwise.
Indictable Offence: Meaning and Penalties
If you are convicted of a summary offence in Canada, the maximum penalty is $5,000 and/or up to six months’ maximum sentence in prison.
Indictable offences, which simply mean “most serious offences”, carry harsher sentences/penalties, including lengthy prison sentences (like life imprisonment), depending on the underlying facts of a case. The crimes are generally defined based on the inherent seriousness and higher penalties they attract. They also involve more complex legal proceedings.
Indictable offences also lack a statute of limitations, meaning the charges can still be pursued years after a crime occurred.
Common Examples of Indictable Offences
The main examples of indictable offences include:
- Murder/Homicide Offences
This is the most serious category of indictable offences. It encompasses first-degree murder (planned/deliberate murder) and second-degree murder (intentional killing that isn’t planned/deliberate).
First-degree murder attracts serious consequences, like a mandatory life sentence without parole for 25 years. It also comes with a criminal record.
Second-degree murder attracts 10-25 years in prison with parole eligibility. You’ll also get a criminal record, which will affect your ability to secure a job, rent a home, get affordable financing, travel freely and more.
Murder/homicide offences also include manslaughter, which occurs when a person kills via criminal negligence/unlawful act, without the intention to kill. Penalties for manslaughter range from probation to life in jail.
- Serious Assaults
Assault, such as aggravated assault (maiming, wounding, permanent disfigurement or endangering life), also falls under indictable offences. Such offences, including domestic assault, can have a maximum punishment of 14 years in prison. Every form of assault will come with a criminal record that will affect many aspects of a person’s future.
- Sexual Offences
Sexual offences like aggravated sexual assault are the most severe and involve acts such as disfiguring, maiming, and wounding. The offences carry the maximum penalty (life imprisonment). Other categories of indictable offences under this category include assault with a weapon and sexual exploitation of minors. The penalties and resulting criminal record of sex-related offences are dire and can carry on throughout life.
The importance of sealing criminal records through record suspension (pardons) and record destruction (expungement) can’t be overlooked.
- Property Crimes
Individuals who engage in robbery, arson, or breaking and entering commit indictable offences, which can carry maximum penalties depending on the facts of the underlying case. Theft (stealing over $5,000) can also be treated as an indictable offence, although there is a possibility of such an offence being hybrid.
- Drug Offences
Drug trafficking (making, selling and/or distributing illegal drugs/controlled substances) falls under indictable offences with the severity of penalties dependent on key factors like the quantity/kinds of drugs in question and the level of social/financial/bodily harm done. The same applies to drug possession charges, especially with intent to sell.
- Other Indictable Offences
There are other serious indictable offences such as kidnapping, extortion, dangerous driving and terrorism-related offences. Perjury (knowingly lying under oath) and obstruction of justice also fall under serious offences.
Main Difference Between Summary and Indictable Offences
As discussed above, there are several distinctions between summary and indictable offences. They include;
| Summary Offence | Indictable Offence | |
|---|---|---|
|
Less serious crimes/petty crimes (similar to misdemeanours in other legal systems) | Indictable offences are the most serious offences in Canada (comparable to felony offences). |
|
Lower maximum penalties and fines, minimum sentence. Minimum penalties: up to $5,000 in fines and/or jail sentence (day jail sentences to a term not exceeding 2 years) | Higher/severe punishment. Can attract maximum jail time (2 years to life in prison) |
|
12 months to launch charges (from the date the offence was committed) | No limitation |
|
Tried in Provincial Court. No option for a preliminary inquiry/jury | Tried in Provincial Court/a Superior Court. Option for preliminary hearing/inquiry and jury trial |
|
The accused’s lawyer can appear on their behalf | The accused’s presence is generally required for all appearances |
|
Result in a criminal record (but fingerprints may not be collected for a straight summary offence) | Results in a record, fingerprints and DNA sampling are generally required upon criminal charge. |
Consequences of Indictable Criminal Offences and What You Should Do After You Get a Record
As mentioned above, indictable offences result in a criminal record even after you have served time and paid applicable fines, among other penalties like community service. What’s more, criminal records remain public records accessible to anyone unless you take deliberate action to have them sealed and/or completely erased.
If you don’t take action, they will affect your future. You will have difficulty getting a job and getting housing (since landlords check criminal records for potential tenants). You may also have difficulty securing affordable financing and travelling to some countries like the US, Australia, parts of Europe, and Japan, among others. So, what should you do?
Get a Record Suspension (Pardon)
A pardon helps to seal criminal records from the public. You can get a pardon provided you complete your sentence and pay all applicable fines. While you can get a pardon yourself, it’s not guaranteed, given the complexity of the application process. You are better off seeking expert help from Canadian Pardon Application Services.
Get a Record Destruction (Expungement)
If you were charged but not convicted, you can apply to have all records destroyed. It’s worth noting that pardons seal but don’t destroy all aspects of a criminal record from all police or law enforcement databases. Like pardons, applying for expungement can be a complex process. If you need your criminal record expunged fast, consider seeking expert help.
Get a US Entry Waiver
If you wish to travel to the US and you have a criminal record, you’ll need a US Entry Waiver, otherwise, you risk being denied entry or being arrested at the US border point of entry. You can apply for a waiver yourself, but you need compelling reasons for travelling. The application also needs other supporting information and documentation. To avoid travel delays and other inconveniences, seek expert help.
Canadian Pardon Application Services are experts in helping persons with criminal records secure US Entry Waivers, pardons and record destruction. Make a FREE inquiry online. You can also CALL: 1-888-853-8189 or email: info@canadianpardonapplications.com to talk about the type of offence and how to deal with the criminal record.
