Impaired Driving
Defence

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• Summary conviction offences
• Indictable offences
• Hybrid offences

Summary conviction offences encompass the most minor offences in the Criminal Code. Examples are "communicate for the purpose of obtaining the sexual services of a prostitute," "cause disturbance," and "harassing telephone calls."

Unless a different penalty is specified, summary conviction offences are punishable by a fine of up to $5,000 or six months' jail or both.

You cannot be fingerprinted for a summary conviction offence.

An indictable offence is more serious than a summary conviction offence. Conviction of an indictable offence exposes you to greater penalties.

If you are prosecuted by indictment, you are entitled to trial by jury for most offences. You do not have the right to trial by jury if you are tried by indictment for offences such as Drive Disqualified (i.e., driving while prohibited as a result of a conviction for impaired driving), Theft Under $5,000, Fraud Under $5,000, or Mischief Under $5,000.

Many offences can be prosecuted either by summary conviction or indictment. The Crown chooses or elects the mode of prosecution. Such offences are referred to as "hybrid" (or "Crown option" or "dual procedure"). Hybrid offences include impaired driving, assault and theft under $5,000. Hybrid offences are considered indictable until the Crown makes its election. You can be fingerprinted for a hybrid offence even if it is prosecuted summarily.

Record Suspensions

If as an adult you are convicted of an offence that is prosecuted by summary conviction, you are eligible for a record suspension (formerly known as a pardon) five years from the time you complete your sentence (e.g., payment of fine or restitution, completion of probation). Following conviction of an indictable offence, you must wait 10 years before eligibility. The waiting periods were increased from three and five years, respectively, by 2012 amendments to the Criminal Records Act. Also under the amendments, enacted as part of the Harper government's "tough on crime" agenda, you cannot obtain a record suspension if you have been convicted of a sexual offence involving a child or more than three offences prosecuted by indictment each with a prison sentence of two years or more.

Disclaimer: The material on this site is not intended as legal advice. It merely conveys general information on legal issues commonly encountered by persons facing criminal charges in Canada. If you are charged with an offence, you should contact a criminal lawyer.