Overview: What Are Summary Offenses?
The term “summary conviction” is used interchangeably with the term “summary offence”. However, the two have key differences. While a summary offence is a type of crime (a less serious one), a summary conviction refers to the outcome of a summary offence.
In the Canadian legal landscape, summary offences are considered less serious, they attract lighter penalties/minimum punishments when compared to other types of offences, such as indictable charges/offences.
Understanding summary convictions is important when navigating the justice system since it helps one know the consequences of being convicted. You’ll understand sentencing options, sentencing guidelines, maximum jail sentences/time frames, types of offenses, indirect negative consequences like a criminal history, and more.
Common Examples of Summary Offences
In order to better understand summary offences, here are a few examples:
- Causing disturbance: This involves disorderly conduct like fighting, using obscene language, and screaming in a public place.
- Public nudity
- Trespassing: Loitering near/in private dwellings without permission.
- Unlawful assembly: Gathering as a group (three or more people) with the intention of disturbing people’s peace.
- Joyriding: Taking an automobile without seeking the owner’s permission.
- Minor drug possession: Being in possession of a small quantity of drugs/controlled substances (for personal use).
- “Dining and dashing”: Fraudulently obtaining food/beverage/lodging without paying the bill.
- Falsifying employment records: Intentionally offering false information on your qualifications, work history, performance, etc., with the intention of deceiving an employer/other parties.
Besides jail terms or fines, there are other negative consequences you should consider when you commit any of the several offenses above. The most notable include having a criminal record.
Why Should I Care About a Criminal Record in Canada?
If you commit a summary offence, an arrest warrant won’t be issued. In fact, you may not be arrested if you aren’t caught committing the criminal offence. However, you or your lawyer will be required to appear in court. You can expect jail time, a fine, and/or a warning. What’s more, you will get a criminal record in most cases.
The maximum punishment may not look like much. However, minor offences like summary offences still result in a record when you are convicted. The criminal record is maintained by law enforcement (police) and the court. Some of the main consequences of having a criminal record in Canada include:
- Negative consequences to employment: A criminal record (even for a minor criminal offense) can make it harder to secure a job. While there is legislation in Canada that protects against discrimination in workplaces, employers do check the criminal history of potential employees and may deny employment to persons with summary convictions. Future employment prospects are particularly a problem in regulated professions where employees must maintain very high professional and personal standards.
- Difficulty leasing/renting: Landlords also do background checks on potential tenants. A criminal record can therefore be the deciding factor of whether or not you will get housing with ease/at reasonable rates.
- Travel restrictions: A Canadian criminal record can also affect your travel to countries like the US. United States border officials have access to the RCMP criminal database. The US immigration laws have also tightened. As a result, even a minor offence can result in you being denied entry or detained at the border.
- Other consequences: You also risk social stigma if you have a record and are bound to pay more for services like insurance. You will likely have a problem participating in volunteer opportunities that require a criminal record check. What’s more, some professional bodies can deny/revoke licenses based on criminal records.
In a nutshell, the consequences of a criminal record can be very serious, even for minor crimes. Luckily, there are measures you can take to resolve that.
What Do I Do If I Have a Criminal Record in Canada?
- Get a US Entry Waiver
If you have a criminal record and wish to travel to the US, you should get a US Entry Waiver to ensure you aren’t stopped and denied entry. While it’s possible to apply by yourself, it’s a complicated process that can be time-consuming.
If you don’t have time and don’t want to make mistakes, we suggest you seek assistance from immigration experts to understand everything, including the eligibility period.
- Get a Pardon
If you have a record but you don’t want it to appear in public records during background checks, you can apply for a record suspension (pardon). This applies to persons in adherence to sentencing requirements, meaning those who have completed prison sentences and paid all fines.
Applications can be made to the Parole Board. However, you aren’t guaranteed a pardon if you don’t fill out the complex forms completely and accurately. If you want to increase your chances of success, we suggest you hire experts like Canadian Pardon Application Services.
- Get a Record Destruction (Expungement)
A pardon may seal your criminal record from the public. However, the record may still be accessible to some agencies. To ensure fingerprints, photos, and other police and court records are completely removed from the CPIC database, you need to apply for a record destruction. Like pardons and entry waivers, the application process can be challenging and is better left to experts.
Get Expert Help. Deal With Your Criminal Record Fast and Easy
Canadian Pardon Application Services boasts of 575,000+ application approvals since 1970. Choose experts and increase your chances of securing a pardon, record destruction, and/or a US Entry Waiver.
Do you have a record for indictable offenses ( aggravated assault, impaired driving, dangerous driving, sexual assault, domestic violence charges, or any other serious type of offence with severe penalties? What about on hybrid offences, crimes committed dozens of times, among other criminal charges/offences?
If yes, get expert help online NOW for records on all offences, including decades-long incarceration sentences.
Alternatively, you can call: 1-888-853-8189, email: info@canadianpardonapplications.com, or visit in person (Google Maps) for assistance on legal processes surrounding pardons, expungement, minor infractions/summary conviction charges, designations for offences, and more.
