Summary Offence - Canada - Summary Conviction Offences

Summary Conviction Offences

  • Accused must be charged with a summary conviction within 6 months after the act happened. Note that the statute of limitations does not apply to the Criminal Code. Limitation periods are set out in the Criminal Code directly.
  • The police can arrest under summary conviction without an arrest warrant if found committing a summary offense notwithstanding s. 495(2)(c) of the Criminal Code
  • If the police do not find committing a summary offense, an arrest warrant is required.
  • Accused does not have to submit fingerprints when charged under Summary Conviction.
  • Appeals of summary conviction offences go first to the highest trial court within the jurisdiction (e.g. provincial superior court in Alberta is the Court of Queen’s Bench).
  • After Provincial Superior Court a further appeal would go to the Provincial Court of Appeal (e.g. the Court of Appeal of Alberta), and then finally to the Supreme Court of Canada, but as a practical matter very few summary convictions are ever heard by the Supreme Court of Canada.
  • Accused convicted under summary conviction are eligible for a pardon after 5 years provided the accused is not convicted of any further offences during that period.
  • Almost always heard first in a provincial court (although some exceptions apply, such as a summary conviction offence included for trial with an indictable offence).

Read more about this topic:  Summary Offence, Canada

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