Canadian Criminal Offences Table

In Canada, and therefore in British Columbia, criminal law is governed by the Criminal Code of Canada. The Criminal Code sets out 3 types of main offences which determine to a large extent, how a criminal case proceeds.

The following is a table that sets out the 3 main types of criminal charges in BC and the way each type of charge will go through the court process.

	Purely Summary Conviction	Purely Indictable	Hybrid*
Criminal Code of Canada Section	Section 553	Section 469	All offences not set out in section 553 and 469. Most offences are hybrid.
Examples (not a complete list)	Theft (under $5,000) Mischief	Murder Treason	DUI / impaired driving Assault
Court	Provincial Court of BC	Supreme Court of BC	Provinical Court or Supreme Court. The accused can choose which court if the prosecution proceeds by indictment.
Preliminary Inquiry**	Not an option	Yes	Yes, if the case is in Supreme Court. No, if the case is in Provincial Court.
Trial Mode	Judge alone	Judge and jury (unless the prosecutor and accused consent to judge alone)	If the case is in Provincial Court, judge alone. If Supreme Court, the accused cna choose judge alone or judge and jury.
Punishment	Most minor punishmenst	Most serious punishments	If the case proceeds summarily, then the maximum punishment is usually lighter than if the case proceeds by indictment.

*If an offence is a hybrid offence, the prosecutor chooses whether to proceed summarily or by indictment. If the prosecution chooses to proceed by indictment, the accused has the option whether to have the case heard in the Provincial Court of BC or the Supreme Court of BC. If the prosecutor goes ahead summarily, then the case is automatically heard in Provincial Court.

**A preliminary inquiry is a pre-trial hearing where the prosecutor presents evidence to the court. The main purpose of the preliminary inquiry is for the court to determine whether there is sufficient evidence to proceed with the charges.

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