Canadian Criminal Procedure and Practice/Types of Offences
Any offence which is not explicitly described as an indictment or indictable offence is a summary offence.
- see s. 34(1)(b) which reads "Where an enactment creates an offence,...the offence is deemed to be one for which the offender is punishable on summary conviction if three is nothing in the context to indicate that the offence is an indictable offence;"
Hybrid or Electable Offences
Under s. 34(1)(a), a hybrid offence is deemed to be treated as indictable until such time as a summary election is made. This principle has a number of effects. It means that the many powers of police in relation to indictable offences will include hybrid offences for the purpose of their investigation. It also means that the requirements of personal attendance at court for indictable offences applies well. Anywhere in the Code that refers to "indictable offences" will include hybrid offences.
A conviction for a hybrid offence elected as a summary conviction cannot be treated as an indictable offence.
- s. 34(1)(a) reads "Where an enactment creates an offence,...the offence is deemed to be an indictable offence if the enactment provides that the offender may be prosecuted of the offence by indictment."
- section 34(1)(c) of the Interpretation Act