Indictable Offence
An indictable offence is the most serious category of criminal offence in Canada. Maximum penalties range from two years' imprisonment to life. Indictable offences include murder, aggravated sexual assault, aggravated assault, robbery, break and enter into a dwelling-house, fraud over $5,000, and serious drug trafficking.
After Bill C-75 came into force in 2019, preliminary inquiries are available only for offences punishable by 14 years or more, and only if requested by the Crown or defence. For other indictable matters, the case proceeds directly to trial after disclosure and pre-trial steps.
How indictable matters are prosecuted
Most indictable offences begin in the Ontario Court of Justice (Provincial Court) and may be transferred to the Superior Court of Justice depending on the accused's election and the nature of the charge. For most indictable offences, the accused has the right to elect their mode of trial — Provincial Court judge alone, Superior Court judge alone, or Superior Court judge and jury. Some offences (such as murder) require a specific mode.
Limitation periods
There is generally no limitation period for laying an indictable charge. The Crown can prosecute an indictable offence many years after the alleged conduct, subject only to abuse-of-process and Charter delay arguments. By contrast, most summary conviction offences must be prosecuted within 12 months of the date of the alleged act.
Consequences beyond sentencing
An indictable conviction creates a permanent criminal record. Wait times for a record suspension are 10 years from completion of all sentences. Immigration consequences for non-citizens are typically severe — "serious criminality" under IRPA generally captures any offence punishable by 10+ years' imprisonment. Travel to the United States can be restricted or denied.
Why early defence strategy matters
In an indictable case, decisions made in the early stages — bail, disclosure review, choice of mode of trial, election timing — shape the rest of the defence. The criminal lawyers at Mass Tsang LLP have over 30 years of combined experience defending serious indictable matters across Toronto and the GTA. To learn how charges are categorized in Canadian law, see our blog post on what counts as a criminal charge.
Related glossary terms
