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).