Defending Summary Conviction Offences

What Are Summary Conviction Offences?

Summary conviction offences are defined as lower-level criminal offences, typically handled with a simplified procedure in the criminal courts. They are subject to shorter limitation periods (generally 12 months to lay a charge, unless otherwise specified). One key factor of summary offences. No fingerprinting or mugshot required under the Identification of Criminals Act for a straight summary conviction offence (versus indictable offences or hybrid offences where the Crown can choose to elect summarily, such as assault or impaired driving, require fingerprinting of the accused and mugshots under the Identification of Criminals Act).

The Police may issue an appearance notice at the time the offence was committed, this is the most common charging method. This requires attendance in court on that specific date, which is mandatory. If the accused is not given an appearance notice at the scene then a Summons may be issued by the court, which must be formally served on the Defendant.

Invictus Legal LLP can assist if you have been charged. Do not waste time thinking the charge will go away. It will not and could be worse for you. Some offences included are listed here.

🟥 Maximum: 2 Years Less a Day (Highest Summary Penalty)

This is now the default ceiling for most hybrid offences under s. 787(1) of the Criminal Code (post-2019 reforms).

General Rule

• If no specific summary penalty is listed then the maximum is 2 years less a day and/or $5,000 fine

Representative Offences

• Assault – s. 266
• Sexual assault (level 1) – s. 271
• Theft under $5,000 – s. 334(b)
• Fraud under $5,000 – s. 380(1)(b)
• Mischief under $5,000 – s. 430(4)
• Uttering threats – s. 264.1
• Criminal harassment – s. 264
• Break and enter (non-dwelling) – s. 348

👉 These are all hybrid offences where the Crown elects the summary conviction route.

🟧 Maximum: 18 Months

Some offences specify a lower summary cap than the default.

Examples

• Causing a disturbance – s. 175
• Indecent acts – s. 173
• Bawdy house offences (historical / repealed in part but still relevant in case law context)

🟨 Maximum: 12 Months

A large category of less serious or regulatory-style Criminal Code offences.

Examples

• Common nuisance – s. 180
• Trespassing at night – s. 177
• Found in in common gaming or betting house - s.201(2)
• Take auto without consent - s. 335(1)
• Unauthorized use of computer – s. 342.1 (summary election possible)

🟩 Maximum: 6 Months

Traditionally the classic summary conviction ceiling, still used in many provisions.

Examples

• Disturbing religious worship – s. 176
• False alarms (fire) – s. 437
• Improper use of a dead body – s. 182

🟦 Maximum: Fine Only (Often $5,000 or Less)

Some offences do not include jail when prosecuted summarily.

Examples

• Certain ticketable offences under Part XXVII
• Minor procedural or regulatory breaches

🟪 Absolute / Strict Liability Regulatory Offences (Non-Code Federal Statutes)

Outside the Criminal Code, many federal laws create summary conviction offences, such as:

• Controlled Drugs and Substances Act, minor drug possession can earn up to 90 days jail time and a fine of $1,000.
• Cannabis Act
• Fisheries Act
• Immigration and Refugee Protection Act

These often have:

• Custom penalty schemes
• Some have fines exceeding $100,000+
• Sometimes imprisonment on summary conviction

If you have got a ticket, do not waste time, get a legal representative. Talk to Invictus Legal LLP today and we will support you through the court process. We have a good reputation of working with the prosecutors and courts to have our clients avoid jail time. Call today for a consultation.

Take a look at our recent video about Summary Offences.