Summary Offences and How Are They Handled in Toronto

In the Canadian criminal justice system, criminal offences are classified into three main categories: summary offences, indictable offences, and hybrid offences. Summary offences are considered the least serious of these categories, and the procedures for dealing with them are generally more streamlined compared to indictable offences. If you’re facing a summary offence in Toronto, understanding what it means and how it’s handled by the courts can help you navigate the legal process more effectively. This detailed guide will explain what summary offences are, how they differ from other types of offences, the legal process involved, and the potential penalties you may face.

What is a Summary Offence?

A summary offence is a type of criminal offence that is less severe in nature compared to indictable offences. These offences are often minor in nature, with less severe penalties, and are typically dealt with more quickly in court. Summary offences do not involve a jury trial and are heard in provincial court by a judge alone.

In Toronto, as with the rest of Canada, common examples of summary offences include:

• Public intoxication
• Causing a disturbance
• Trespassing
• Harassing phone calls
• Causing a disturbance in public place
• Fraudulently obtaining transportation

The maximum penalties for summary offences are generally lower than those for indictable offences. For instance, a summary offence conviction usually results in a shorter jail term (if any), smaller fines, and fewer long-term consequences compared to more serious crimes.

Differences Between Summary and Indictable Offences

The distinction between summary and indictable offences is crucial in the Canadian legal system. Here are some of the key differences between the two:

1. Severity: Summary offences are considered minor or less serious crimes, while indictable offences involve more severe conduct and are often violent or financially significant in nature, such as robbery, aggravated assault, or fraud over $5,000.
2. Court Procedures: Summary offences are handled more quickly and usually involve a judge without a jury. Indictable offences, on the other hand, may involve more complex legal procedures, including preliminary inquiries, and can be tried by a judge alone or by a judge and jury.
3. Time Limits for Charges: One key difference is that summary offences have a statute of limitations. Charges for summary offences must be laid within 12 months of the alleged offence, meaning that after one year, you generally cannot be charged with the offence. Indictable offences do not have such a time limit, allowing charges to be laid years after the offence was committed.
4. Penalties: The maximum penalty for a summary offence is typically two years less a day in jail or a fine of up to $5,000. In contrast, indictable offences carry far more severe penalties, including much longer prison sentences.
5. Court Location: Summary offences are always handled in provincial court, while indictable offences may be heard in either provincial court or the Superior Court of Justice, depending on the seriousness of the crime.

The Legal Process for Summary Offences in Toronto

If you are charged with a summary offence in Toronto, the legal process is relatively straightforward. Here’s an overview of what to expect:

1. Arrest or Notice to Appear: For minor summary offences, the police may not arrest you immediately. Instead, they may issue you a summons or a notice to appear in court. This document informs you of your court date and the charges you are facing. In more serious summary offences, such as simple assault, you may be arrested and brought to court for a bail hearing.
2. First Court Appearance: Your first appearance in court will be your arraignment, where the charges against you will be formally read.
3. Pre-Trial Preparation: If your case goes to trial, your lawyer will begin preparing your defence by gathering evidence, reviewing police reports, and identifying any weaknesses in the prosecution’s case. For summary offences, the legal process is often more expedited, and trials tend to occur sooner than for indictable offences.
4. Trial: Summary offences are heard in provincial court by a judge alone—there is no jury. The prosecution will present its evidence and call witnesses, and your lawyer will have the opportunity to cross-examine witnesses and present your defence. The judge will then decide whether you are guilty or not guilty.
5. Sentencing: If you are found guilty of a summary offence, the judge will proceed to sentencing. As mentioned earlier, the penalties for summary offences are typically less severe than those for indictable offences. Depending on the nature of the crime and any prior criminal record, the judge may impose a fine, probation, community service, or a short jail sentence.

Penalties for Summary Offences

The penalties for summary offences vary depending on the specific offence, the circumstances of the case, and whether the accused has any prior convictions. Potential penalties include:

1. Fines: For most summary offences, the court may impose a fine. In many cases, fines can range up to $5,000, but for some minor offences, they may be much lower.
2. Imprisonment: If jail time is imposed for a summary offence, it will typically be short. The maximum jail sentence for most summary offences is two years less a day. However, in practice, most summary offence convictions result in much shorter sentences, if any jail time is imposed at all.
3. Probation: In many summary offence cases, instead of (or in addition to) jail time, the court may impose a probation period. During probation, you must comply with certain conditions, such as reporting to a probation officer, attending counselling, or performing community service.
4. Criminal Record: A conviction for a summary offence can result in a criminal record, which may affect your ability to find employment, travel, or apply for certain licenses. However, since summary offences are considered less severe, it is sometimes possible to avoid a criminal record by participating in diversion programs or other alternative sentencing options.

Defences Against Summary Offences

Even though summary offences are considered less serious, being convicted of one can still have significant consequences. Fortunately, there are several potential defences that can be used to challenge summary offence charges. These defences depend on the specific facts of the case and may include:

1. Mistaken Identity: In some cases, the prosecution may have incorrectly identified you as the person who committed the offence. If there is doubt about your involvement, your lawyer can argue that you were wrongfully identified.
2. Lack of Intent: Many summary offences require the prosecution to prove that you intended to commit the crime. For example, in a shoplifting case, your lawyer may argue that you accidentally left the store without paying, rather than intending to steal.
3. Violation of Charter Rights: If the police violated your rights under the Canadian Charter of Rights and Freedoms during your arrest or investigation, your lawyer may be able to have the charges dismissed or the evidence excluded. For example, if you were unlawfully searched or not informed of your right to a lawyer, this could weaken the prosecution’s case.
4. Alibi: If you can provide evidence that you were somewhere else at the time of the alleged offence, this can be a strong defence against the charges.
5. Self-Defence: In cases involving assault or other physical altercations, your lawyer may argue that you acted in self-defence and were protecting yourself from harm.

How De Boyrie Law Can Help

Facing summary offence charges in Toronto can be overwhelming, even though the penalties may seem minor compared to more serious crimes. At De Boyrie Law, our experienced criminal defence team understands the complexities of the legal system and can help you navigate the process. Whether you’re facing charges for public intoxication, shoplifting, or a more serious summary offence, we’re here to protect your rights and ensure the best possible outcome for your case.

Schedule a Free Consultation with De Boyrie Law

If you’ve been charged with a summary offence in Toronto, it’s essential to seek legal advice as soon as possible. Contact De Boyrie Law today to schedule a free, confidential consultation. We’ll review your case, explain your legal options, and work tirelessly to achieve the best possible outcome for you.