Canadian criminal law categorizes offences into three types based on severity. Summary conviction offences are the least serious, carrying a maximum penalty of two years less a day in jail. Indictable offences are the most serious, with penalties that can include life imprisonment. Hybrid offences (also called dual procedure offences) can be prosecuted as either summary or indictable, with the Crown choosing based on the circumstances of the case. The classification affects which court hears the case, whether you can elect a jury trial, and the range of penalties upon conviction.
Contact an experienced criminal defence lawyer as soon as possible—ideally before making any statement to police. You have the right to remain silent and the right to speak with a lawyer under the Canadian Charter of Rights and Freedoms. Do not discuss the details of your case with anyone other than your lawyer. Attend all scheduled court appearances and comply with any bail conditions imposed upon your release. The earlier a lawyer is involved, the more options are available to challenge the charges.
A criminal charge does not automatically result in a criminal record—only a conviction does. If the charges are withdrawn, stayed, or you are found not guilty at trial, you will not have a criminal record for that offence. In some cases, a discharge (absolute or conditional) may be available even if you plead guilty, which means no criminal record is entered. An experienced lawyer can advise you on the likelihood of a non-conviction outcome in your case and work toward the best possible resolution.
