Is the procedure the same for all criminal charges?

No. In Canada, there are three different ways in which criminal charges may be handled. There are

• indictable offences,
• summary conviction offences, and
• hybrid offences.

Indictable offences are usually the most serious criminal offences, such as murder, and the manner of dealing with them is usually more lengthy and formal. It may involve a trial by a judge alone or a judge and a jury. There may be a hearing before the trial called a preliminary inquiry, held before a judge, in which the Crown prosecutor presents the evidence against the accused and the judge decides if there is enough evidence to send the matter to trial.

Summary conviction offences are less serious matters with smaller penalties, for example, mischief.

Hybrid offences are matters that may be handled either as indictable or summary conviction offences, depending on the individual circumstances of each case. The Crown prosecutor has the power to make the decision about which procedure to use.

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WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.