Overview: Criminal Offenses in Canada

Understanding the nuances of criminal offenses is important when trying to establish their impact on a person’s life. In Canada, the law categorizes criminal offenses into three main types, depending on the crime severity and other factors like consequences. 

Generally, criminal offenses can either be minor infractions or grave crimes.  In this regard, criminal offences can either be summary offences or indictable offences.

Are Violent Offences Indictable or Summary Offences?

In Canada, violent offences can either be indictable offences or hybrid offences. Only very minor forms of violence are considered summary offences in very specific contexts. Generally, most (if not all) violent crimes will fall under indictable offences. 

You may now be asking yourself what an indictable or summary offence is. Let’s start with a definition and the main characteristics.

Summary Offenses: Definition and Main Characteristics

In Canada, an offense is considered to be a summary conviction offense if it involves a minor violation of the law. Only the least serious types of offenses fall under this category. As a result, summary offenses are not considered to be violent offenses. They have some notable characteristics, such as:

  • Lesser penalties: The maximum penalty for committing most summary offenses is a maximum fine of $5,000 and/or a day to two years in jail. These penalties apply unless otherwise stated in the criminal code.
  • No jury trial: Summary offences are also handled by judges only in a provincial court. 
  • Statute of limitations: Generally, charges for summary offenses must be handled within a year (from the date an offence was allegedly committed).
  • Arrest powers: Police don’t need a warrant to arrest someone who has committed a summary offence. This applies if the police have witnessed the crime being committed.
  • No criminal record: Generally, you won’t get a criminal record for summary offences. This is usually the case since such offences are considered minor and accused persons aren’t required to provide fingerprints.

A typical example of a summary offence in Canada would be causing disturbance and minor theft (under $5,000).

Indictable Offenses: Definition and Main Characteristics

In Canada, the most serious offenses (including violent offenses) fall under the indictable offense category. These types of offenses carry the most serious consequences. Below are the main differentiating factors/characteristics of indictable offenses:

  • Serious penalties: Violent offenses (and other offenses falling under indictable offenses) attract significant penalties that include life imprisonment and hefty fines. The offenses also involve complex legal procedures.
  • No statute of limitations: Unlike summary offenses, which must be handled within a year, indictable offenses have no time limit. Charges can be brought up at any time, with very few exceptions, for treason charges, for example. Such charges must be brought up within three years.
  • More trial options: For the majority of indictable offenses, an accused person can elect their mode of trial, which is usually trial by provincial court judge or trial by superior court judge and jury. For very serious/violent offenses like actual murder, the trial is done by a superior court judge as well as a jury unless there is special permission to have a judge-alone trial.
  • Arrest powers: Unlike summary offenses, the police can arrest a person believed to have committed an indictable offense without obtaining a warrant. The police must, however, have reasonable/probable grounds to believe the person in question committed the offense or was about to do so.
  • Criminal Record: Indictable offenses almost always result in a criminal record. Since they involve serious (violent), they have serious legal procedures, and the police usually take fingerprints and send the information to the RCMP for inclusion into the Canadian national repository. This is how a formal criminal record is created in Canada.

A typical example of an indictable offense would be fatal incidents like 1st degree and 2nd degree murder. Other examples include aggravated assault, arson, kidnapping, and major drug offenses.

Examples of Violent Offenses That Qualify as Indictable Offenses

Violent crimes/offenses can be defined as offenses committed against a person that lead to serious harm or death. In this regard, the most common examples include, but aren’t limited to:

  • Murder: First-degree murder (which is intentional killing that is planned, deliberate, or committed during the course of other serious offenses like hostage-taking, sexual assault, etc.) qualifies as a violent offence. Second-degree murder (intentional killing that isn’t planned or deliberate) also qualifies as a violent indictable offense.
  • Manslaughter: Unlawful acts that lead to death but not intentionally, often in the heat of passion/criminal negligence.
  • Aggravated Assault: Assault that maims, wounds, disfigures, or endangers someone’s life also qualifies as a violent offense.
  • Assault with a deadly weapon/causing bodily harm: Assault using a weapon or causing bodily harm is treated as an indictable offense in Canada.
  • Sexual Assault: Sexual assault that is committed using a weapon and results in bodily harm or aggravated sexual assault, which maims, disfigures, wounds, or endangers life, all fall under violent offenses.
  • Robbery: Theft can also be considered a violent offense if it is committed using violence and/or by high-risk, violent offenders. 
  • Kidnapping, abduction & hostage-taking: forcibly detaining someone against their will is considered a violent crime. 
  • Other violent offenses that are indictable include: Discharging a firearm with the intent to maim, disfigure, wound, or endanger a person’s life. Arson that disregards human life and terrorism-related offenses are also indictable offenses.

What Are Hybrid Offences and Can They Go on Your Criminal Record?

Since hybrid offenses are offenses that can be prosecuted as summary offenses or indictable/violent offenses, they can result in a record if the prosecution (the Crown) deems them indictable and treats them as such.

Examples of Hybrid Offences That Are Violent and Result in A Record

  • Assault that causes significant bodily harm or assault done using a weapon
  • Sexual assault involving significant harm
  • Impaired driving that causes bodily harm/death

Do Violent Offenses Go On Your Criminal Record?

Yes! As mentioned, offenses that are of a serious nature, meaning they cause serious harm, involve a weapon, and/or show a high level of intent, almost always result in a record because legal procedures dictate that a formal criminal record be created and information sent to the RCMP.

What is the Impact of Having a Criminal Record Because of Violent Offenses?

Even after you serve your sentence and pay other penalties (like fines and community service), you still have to worry about the resulting criminal record because it will affect your life in many ways. For example:

  1. Employment Challenges

If your criminal record is a result of a violent offence, you are bound to have problems finding a job. Many employers in Canada (including those that offer part-time and low-wage positions) perform criminal background checks before hiring.

While this may be viewed as discrimination, and there are laws protecting prospective employees from being discriminated against based on a past record, the protections offered by such laws are usually limited. 

In simple terms, an employer can legally fire/refuse to hire an employee for violent offenses related to the job at hand. For instance, an employer can be within their legal rights if they deny you a job because you have been convicted of assault. This applies more to certain job settings such as a healthcare facility or a school setting, where a record is regarded as “high risk”. 

Other vulnerable sectors, such as jobs involving working with children and other vulnerable persons, consider a record as a basis for hiring/firing. If you are seeking a job that requires insurance against the possibility of misconduct or theft, a criminal record can also make it hard to secure insurance, thereby limiting your job opportunities.

  1. Securing a Lease/Renting

You’re also bound to have a problem finding somewhere to live if you have a violent offense record. Like employers, Canadian landlords also do background checks, and most of them use this as a basis for rejecting lease applications.

While there are laws that protect potential tenants, the protections are usually limited if a tenant has a past record. Landlords can refuse to rent property to persons with a criminal record by simply stating that the violent offense in question poses a risk to the property and other tenants. 

  1. Travelling to Countries Like the United States

If you have committed a violent crime in Canada, you may have a problem visiting countries like the US even if you have completed your sentence and paid applicable fines/penalties. The U.S. Customs and Border Protection can deny entry to persons with certain convictions because they have access to Canada’s criminal database.

Most violent offenses fall under a special category of crime: CIMT – crimes involving moral turpitude, making a person criminally inadmissible to the United States. However, it is still possible to visit the US if you have a Record.

  1. Social Stigma & Community Reintegration

Employment, travel and leasing problems aside, you risk facing social stigma if you have a record for violent offenses like assault. Considering a criminal record remains public unless sealed or expunged, you risk facing judgment from potential friends, acquaintances, neighbors, etc., which can cause feelings of isolation.

Stigma can also lower your barrier to helping in community organizations like volunteering for work involving vulnerable populations. Such opportunities require criminal background checks, and a violent offense record may prevent you from giving back to society.

I Have a Violent Criminal Record. Can I Visit the U.S.?

YES! If you have a U.S. Entry Waiver, you will be granted entry into the U.S. This applies even if you haven’t sealed your criminal record. U.S. border officials can access the records of all Canadians with a criminal record, whether or not they have taken steps to seal or expunge their records. 

Applying for a U.S. Entry Waiver

You can apply for a waiver yourself. However, the process is seemingly complex and time-consuming. You need to provide a significant amount of paperwork (including court documents) and other documents, plus evidence of rehabilitation. What’s more, you aren’t assured of getting the waiver. 

To increase your odds, seek expert help. 

What to Do if You Have a Criminal Record for Violent Offenses

As mentioned, you don’t have to live with the above negative consequences of a criminal record.We recommend you do the following:

  1. Get a Pardon (Record Suspension)

If you have been convicted of violent offenses, acquiring a pardon will ensure your record is sealed and doesn’t appear in police background checks. You can qualify to get a pardon provided you complete your sentence and pay all fines. 

You also need to meet other conditions, like refraining from re-offending. However, while you can apply for a pardon directly by submitting your application to the Parole Board of Canada, the process is complex. 

We recommend you work with experts like Canadian Pardon Application Services to make the process easier and increase your odds of securing a pardon.

  1. Get a Record (Record Destruction) 

If you have a record for a violent offense/s but were never convicted (and you already have a pardon), you can have your record completely erased. Expungement gets rid of all records, including photos, fingerprints, court records, police records, etc., from the Canadian Police Database (CPIC). 

However, like pardons, you aren’t guaranteed you will secure an expungement. You must meet stringent requirements, including offering the required documentation. 

We recommend you get expert help to secure a record expungement fast and easily. 

  1. Get a US Entry Waiver

As mentioned above, you can be denied entry to the US because of having a record for violent offenses. However, if you secure a waiver, you can gain entry without being arrested, detained, or turned back at the border. 

Looking to travel in the near future, get expert help getting a US Entry Waiver.

Final Thoughts

Violent offenses are the most serious category of crimes in Canada. They carry the most severe penalties: lengthy jail time and hefty fines. Given the nature of the offenses, they result in a criminal record. Most importantly, the record remains even after serving your sentence. 

However, you can take measures like getting a pardon to ensure the record is not public. You can also get a record destruction to completely erase the record from the Canadian Police Database. If you plan to travel and you have a record, a US waiver will guarantee you smooth entry without being stopped and/or detained at the border.

But getting a pardon, record destruction, or waiver is easier said than done. You need help from experts like Canadian Pardon Application Services, who are responsible for over 575,000 successful applications in Canada.