Most people who have been privy to a courtroom scenario (particularly on the news or a television series) will understand that various criminal charges exist. You may have heard of terms such as “misdemeanour” and “felony” before. However, the extent of their differences can be vague and quite perplexing.
In this blog, we will uncover the difference between a felony and a misdemeanour and discuss how they differ in the Canadian justice system:
Misdemeanour Vs. Felony
Unlike in the United States, Canada does not use the terms “misdemeanour” and “felony “to categorize criminal offences. Instead, the Canadian legal system uses a varied classification that divides criminal offences into summary, indictable, and hybrid offences.
Misdemeanour (Summary Offence In Canada)
A misdemeanour conviction, or “summary offence” in Canada, is generally a minor criminal charge. They are less serious in nature and carry lighter penalties than a felony conviction. However, summary offences can lead to legal consequences such as fines and criminal records, with the maximum penalty being a fine of $5,000 and a prison sentence of two years. Common examples of misdemeanours include nonviolent crimes like disorderly conduct, public disturbance, and petty theft. Summary offences are generally handled in Provincial Courts in Canada.
Felony (Indictable Offence In Canada)
Felony convictions (known as “indictable offences” in Canada) are regarded as more serious than a misdemeanour and typically involve violence and severe crimes. Examples of indictable offences include sexual assault, murder, treason, and terrorist activities. Indictable offences carry substantial penalties, usually punishable by imprisonment, ranging from a prolonged jail sentence to life imprisonment. Indictable offences usually also carry a mandatory minimum sentence. Indictable offences can be tried in Provincial or Supreme Courts.
Hybrid Offences In Canada
Hybrid offences are when the prosecution chooses if it would like to proceed with the case as a summary or indictable offence. This would depend on the particular circumstances of the case itself. For example, more severe cases of aggravated assault may be treated as an indictable offence by the prosecutor, but less severe instances may be considered a summary offence. The choice depends entirely on the severity of the case as well as the particular scenario the case brings with it.
Long-Term Consequences
Indictable Offences
Individuals convicted of an indictable offence may face serious impacts on their lifestyle long-term, such as their ability to secure employment or travel. In addition, the convictions will remain on the individual’s criminal record, potentially affecting their life even after the sentence is served.
Summary Offences
Even though summary offences are less severe than indictable offences, these convictions can still affect an individual and their future. Such convictions may appear on criminal records, potentially swaying job prospects if a potential employee background check is done.
Find Out How A Criminal Defence Lawyer In Winnipeg Can Help You
Navigating the Canadian legal system can be challenging, regardless of the criminal offence classification. In light of this, seeking legal representation is of the utmost importance. If you’re seeking a professional and skilled criminal defence lawyer in Winnipeg, Brodsky Amy & Gould is here to assist you every step of the way. Reach out to see how we can help you with your case today.
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