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Indictable Offence

An offence which the government can opt to cause trial by a more formal process than by summary process.

In Hastings, Justice Tucker wrote of indictable offence as follows:

"... whether the offence was indictable, and it is said that this means capable of being dealt with on indictment ... notwithstanding that the prosecution in fact subsequently elected to deal with it, as they are entitled to do, as a summary offence."

An offence which, in Canada, is more serious than those which can proceed by summary conviction.

In many regards, this is the Canadian equivalent to the USA felony.

Murder and treason are examples of crimes committed in Canada which would be indictable offences.

These crimes are usually tried by federally-appointed judges and carry heavy sentences.

§471 of the Canadian Criminal Code:

"Except where otherwise expressly provided by law, every accused who is charged with an indictable offence shall be tried by a court composed of a judge and jury."

When indicted, the accused also loses the convenience of appearing by counsel or agent as he or she is entitled when the charges are by way of summary conviction. When indicted, the accused must appear personally in court.

Many offences are hybrid offences which means that the prosecutor may proceed by way of indictment or summary conviction process.

REFERENCES:

  • Criminal Code, Revised Statutes of Canada 1985, Chapter C-46.
  • Hastings & Folkestone Glassworks Limited v Kalson 1 King's Bench Division (KB) 214 (1949)
  • R v Guildhall Justices 1 All England Law Reports 767 (1976)
  • Salhany, R. E., Canadian Criminal Procedure (Toronto: Canada Law Book, 2008).

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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