Overview: Summary and Indictable Offences
To understand hybrid offences in Canada and their impact on your record and other aspects of your life, it’s important to discuss the two main types of offences: summary conviction offences and indictable offences.
Summary conviction offences are the least serious types of criminal offences. These types of offences are characterised by a simpler and faster court process when compared to indictable offences. They also carry lighter penalties such as fines not exceeding $5,000 and/or jail time ranging from a day to a maximum of two years in jail. Summary offences are also determined by provincial court judges without a jury. Given their less serious nature, they may or may not appear in your criminal record.
Indictable offences are the most serious type of offences. They are characterised by complex and long court proceedings. They also have harsh penalties like longer federal prison terms and hefty fines (maximum penalties). Given their serious nature, they are also accompanied by a criminal record. The offences are usually tried and determined by a judge and jury in the Superior Court of Justice.
So, What Are Hybrid Offences?
Hybrid offences are simply offences that can be treated as summary or indictable offences. It’s worth noting that the Crown prosecutor (government’s lawyer) can choose to proceed with an offence as a summary or indictable offence based on factors like the seriousness of the offence, harm caused, the accused’s criminal history, etc.
When an offence is treated as hybrid, there’s an impact on factors like penalties and procedures. For instance, the Crown will decide which court will determine the case, with hybrid offences usually being heard in provincial court.
Other determinations include the mode of trial hearing and determination, whether a jury trial will be available or not. Generally, one will be available if the hybrid offence is treated as an indictable offence. Other factors include limitation periods: indictable offences don’t have a time limit for charges, while summary offences must be handled within a year.
Hybrid Offence Examples
As mentioned, prosecutors have the liberty to treat hybrid offences as summary or indictable offences based on several factors, the most notable being the severity of the crime in question. Serious crimes will be charged as indictable offences, while less serious crimes will be charged as summary offences. Notable examples of hybrid offences, meaning those that can be summary or indictable, include:
- Impaired driving or dangerous operation of a motor vehicle, aircraft or vessel
- Sexual offences like assault, sexual interference or simple assault
- Possession of a controlled substance
- Theft under $5,000/grand theft
The Impact of Hybrid Offences in Canada. Will it result in a Criminal Record?
YES! If a hybrid offence is prosecuted as an indictable offence, it will result in a criminal record. This is besides other serious penalties like jail time and/or hefty fines. What’s more, hybrid offences that are prosecuted summarily may still be treated as indictable offences, in special circumstances like under IRPA (Immigration & Refugee Protection Act).
In a nutshell, summary offences can also result in a record. While they are considered less serious, they can still lead to an official criminal record in the RCMP database.
Impact of a Criminal Record Due to Hybrid Offences
As discussed, any conviction from a hybrid offence is likely to result in a criminal record regardless of the severity of the underlying crime. Even after meeting legal penalties like fines and jail time, you must deal with the profound and lasting negative consequences of a record. The most notable include:
- Difficulty securing employment/advancing in career: Many Canadian employers check the criminal backgrounds of potential employees as part of the hiring process. This is true for many jobs requiring financial responsibility and security clearances.
For regulated professions like law, accounting, healthcare, etc., a conviction can hinder your ability to advance and get certification or licensing. A criminal record, even from a hybrid offence treated summarily, can affect your ability to secure employment for both entry-level, part-time and senior roles.
- Difficulty finding rental property: Canadian landlords also do background checks before renting out property to prospective tenants. While there’s legal protection against discrimination, landlords can do checks and are within their legal right to refuse to rent out property to persons with a conviction
- Difficulty travelling to countries such as the US: A hybrid offence that results in a criminal record can make it difficult to travel to the U.S. for business or pleasure. U.S. border officials have access to Canadian criminal records, and certain convictions can cause a denial of entry.
However, you can secure a U.S. Entry Waiver if you have a criminal record and wish to visit the U.S.
- Immigration and citizenship issues: If you are a non-citizen in Canada, meaning you have a Canadian temporary resident permit or you are a permanent resident with a criminal record, you can become inadmissible under the IRPA (Immigration & Refugee Protection Act).
A criminal record can also result in removal from Canada if you are a non-citizen. However, there are steps you can take as discussed below to deal with a criminal record (i.e., legally seal or completely erase), thereby avoiding serious consequences like travel issues and being denied Canadian citizenship.
- Social Stigma: A record from a hybrid offence can also cause social stigma, isolation, feelings of shame and difficulty reintegrating back to society, all of which affect both professional and personal relationships.
- Higher cost of financial services: Some financial services, like insurance, are also bound to be expensive, if not inaccessible. Insurance companies are known to charge higher premiums or deny coverage altogether to potential customers who have certain criminal records, such as fraud. It may also be harder to secure affordable financing for persons with records linked to offences like fraud.
I Have a Record Linked to A Hybrid Offence, What Do I Do?
To avoid the above negative consequences of a criminal record, you need to think of how you can legally conceal or erase your criminal records. Luckily, if you have served your sentence and paid all applicable fines/penalties, you can seal or erase your record.
This is subject to other requirements like having maintained a clean record for a specified period. If that’s the case, you can:
- Apply for Record Suspension (Pardon)
If you have committed hybrid offences which have resulted in criminal convictions, the resulting criminal record can be sealed using a pardon. A pardon ensures that records relating to your conviction don’t appear in criminal records or background checks. However, as mentioned, you can only apply for a pardon after completing your sentence, paying any applicable fines and refraining from re-offending for a specified period.
While you can apply for a pardon yourself via the PBC (Parole Board of Canada), it’s a complicated process. You must fill out the pardon application form correctly and submit all supporting documentation. You also need compelling reasons for getting a pardon.
If you don’t understand all eligibility requirements or aren’t sure, we recommend hiring pardon application experts like Canadian Pardon Application Services with a proven track record for securing pardons.
- Apply for Record Destruction (Expungement)
It’s worth noting that criminal records are public records that are easily accessible. Pardons seal records from the public. However, they can still be accessed in special circumstances by parties like law enforcement.
A record destruction ensures all records (fingerprints, photos, court documents, police records and other records linked to your arrest/conviction) are destroyed and information is removed completely from the Canadian Police Information Centre database. You need a record expungement after securing a record suspension.
The process of having your record expunged is complex. What’s more, applications can be rejected easily due to stringent eligibility and supporting documentation requirements. We recommend expert help.
Companies like Canadian Pardon Application Services have processed over 575,000+ applications successfully. Get peace of mind knowing your past will not affect your future.
- Apply for a U.S. Entry Waiver
If you want to travel to countries like the U.S. and you have a criminal record, you’ll need a special document known as a U.S. Entry Waiver. This document is critical for individuals with a criminal past who haven’t had their records sealed or expunged.
A U.S. Entry Waiver ensures you aren’t refused entry into the U.S. or detained at the border point of entry. You can apply for a waiver yourself by submitting your application and supporting documentation to the RCMP and FBI. However, like all other applications, an approval isn’t guaranteed. What’s more, the process may take time, and you need to travel urgently.
We suggest seeking expert help to avoid travel delays among other eventualities. Canadian Pardon Application services can help you secure a U.S. Entry Waiver in record time.
Final Thoughts
Hybrid offences can be treated as summary or indictable offences. In all cases, indictable offences result in a criminal record. Summary offences also result in criminal records in many cases. Considering a record will affect your ability to get work, travel, get affordable financial services, etc., you need to think of how you will seal or completely expunge your record. Luckily, you can get a pardon or record expungement. If you want to travel and you have a record, you can get a U.S. Entry Waiver.
If you want any of the above without the hassle, consider talking to experts like Canadian Pardon Application Services.
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