When someone is charged with a crime in Canada, one of the first questions they often ask is:
“Is this just a misdemeanor?”
In the United States of America, people are familiar with the terms “felony” and “misdemeanor.” But in Canada, our criminal law works a little differently. So what is a misdemeanor means in Canada?
Here are our key takeaways on what you’re going to learn about here:
- Canada doesn’t use the term “misdemeanor”; it’s called a summary conviction offence.
- Less severe than indictable offences.
- Examples: theft under $5,000, mischief, common assault.
- Max penalty: $5,000 fine or up to 2 years less a day in jail.
- Still creates a criminal record.
- Legal defence and a lawyer are essential.
Understanding Canadian Criminal Law
Canadian criminal law is based on the Criminal Code of Canada, which applies across all provinces and territories. Unlike the United States, Canadian law does not officially use the word “misdemeanor.”
Instead, Canada divides criminal offences into summary conviction offences and indictable offences.
Summary conviction offences in Canada are the closest thing to what are misdemeanors in the US. These are considered less serious crimes with lighter penalties. Indictable offences are more serious crimes, similar to what the U.S. calls felonies.
There are also hybrid offences, which can be treated either as summary or indictable, depending on the circumstances and the decision of the Crown prosecutor, where the prosecutor elects based on severity.
What Constitutes a Misdemeanor in Canada?
When people in Canada say “misdemeanor,” they are usually referring to a summary conviction offence. These are offences that:
- They are generally less severe in nature.
- Carry lighter penalties (compared to indictable offences).
- Many cases are often resolved more quickly in the courts.
Examples of Summary Conviction Offences (Misdemeanors in Canada)
- Causing a disturbance (such as being unruly in public)
- Minor theft (under $5,000)
- Common assault (without serious injury)
- Trespassing at night
- Harassing communications (such as repeated unwanted phone calls)
- Mischief (causing minor damage to property)
These offences may sound “minor,” but it is imperative to understand that they are still criminal offences. A conviction goes on your criminal record and can have long-term consequences.
Legal Processes for Misdemeanor Cases
Even though summary conviction offences are less severe than indictable ones, the legal process is still structured and must be taken seriously.
1. Charges Laid
The process begins when police believe you have committed an offence. They may issue a summons or appearance notice, requiring you to appear in court. Sometimes, depending on the offence, they may arrest you.
2. Court Appearance
For a summary offence, you will usually appear before a provincial court judge. You don’t get a jury trial for these cases. Only a judge hears the matter.
3. Maximum Penalties
The maximum penalty for a summary conviction offence (as specified in Section 787 of the Criminal Code) in Canada is:
- A fine of up to $5,000; or
- A jail sentence of up to 2 years less a day; or
- Both fine and jail time.
Previously, the maximum jail time was 6 months, but it was increased in 2019 under Bill C-75.
4. Time Limit to Lay Charges
Another critical difference is that summary conviction offences must be charged within 12 months of the alleged offence. If more than a year has passed, the Crown usually cannot proceed with a summary charge.
Impact of a Misdemeanor Conviction
Even though a misdemeanor (summary conviction) is considered less severe, the effects can be very real and long-lasting.
- Criminal Record: A conviction will appear on your criminal record. This can affect:
- Employment
- Travel
- Licenses and certifications
- Reputation & Relationships: Even a minor offence can damage your personal and professional reputation. Friends, family, and colleagues may see you differently.
- Future Legal Issues: If you are convicted again in the future, the courts may consider your record when deciding on penalties.
Defending Against Misdemeanour Charges
If you are facing a misdemeanor (summary conviction offence) in Canada, it’s critical to know that you still have rights and options.
But we are here discussing some common defence approaches:
Challenge and Evidence:
- Was there enough proof beyond a reasonable doubt?
- Were your Charter rights respected during the investigation?
- Was the evidence gathered lawfully?
Mistaken Identity: Sometimes people are wrongly accused because of mistaken identity. A defence lawyer can investigate to ensure the right person is being charged.
Lack of Intent: Many offences require proof that you intended to commit the act. If intent cannot be proven, the charge may be dismissed.
Negotiate with the Crown: In some cases, your lawyer may negotiate with the Crown prosecutor for:
- A reduced charge.
- A peace bond (where you agree to keep the peace and be of good behaviour)
- A discharge (conditional or absolute), which may keep you from having a lasting criminal record.
Get Legal Help: The most important step is to consult an experienced criminal defence lawyer. Even for a summary offence, a lawyer can guide you, protect your rights, and fight for the best outcome.
Conclusion
In Canada, “misdemeanor” typically refers to a summary conviction offence, which is less severe than indictable crimes but still carries significant consequences.
If you’re facing charges, don’t take them lightly. The best step is to seek legal advice right away.
At Regina Criminal Law, we guide clients through the process, protect their rights, and work for the best outcome.
Remember, no charge is ever “minor.” The sooner you get help, the stronger your defence will be.
Frequently Asked Questions (FAQ’s)
- Is “misdemeanor” a legal term in Canada?
No. Canada uses summary conviction offences (less severe) and indictable offences (more serious).
- What are examples of summary offences?
Minor theft, causing a disturbance, trespassing at night, and harassing phone calls.
- What’s the maximum penalty?
Up to a $5,000 fine or 2 years, less a day, in jail.
- Do I need to go to court?
Yes, in provincial court before a judge. No jury trials for summary offences.
- Is there a time limit to lay charges?
Yes. Usually within 6 to 12 months.
- What is a hybrid offence?
A crime the Crown can choose to proceed with as summary or indictable practical differences in prosecution and penalties.
- Does a summary conviction create a criminal record?
Yes. It can affect jobs, travel, and licensing.