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.
Many offences are hybrid offences which means that the prosecutor may proceed by way of indictment or summary process.
REFERENCES:
- 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)