Ofences

Interpretative Rules

Indictable and summary conviction offences

As stated by the Canada´s Interpretation Act, which provides rules for the interpretation of legislation, where legislation (or piece of legislation) creates an offence,

• the offence is deemed to be an indictable offence if the legislation provides that the offender may be prosecuted for the offence by indictment;
• the offence is deemed to be one for which the offender is punishable on summary conviction if there is nothing in the context to indicate that the offence is an indictable offence; and
• if the offence is one for which the offender may be prosecuted by indictment or for which the offender is punishable on summary conviction, no person shall be considered to have been convicted of an indictable offence by reason only of having been convicted of the offence on summary conviction.

Criminal Code to apply

According to the Canada´s Interpretation legislation, all the provisions of the Canadian Criminal Code relating to indictable offences apply to indictable offences created by legislation (or piece of legislation), and all the provisions of that Code relating to summary conviction offences apply to all other offences created by legislation (or piece of legislation), except to the extent that the legislation otherwise provides.

Documents similarly construed

Following  the interpretative clausule, in a commission, proclamation, warrant or other document relating to criminal law or procedure in criminal matters,

• a reference to an offence for which the offender may be prosecuted by indictment shall be construed as a reference to an indictable offence; and
• a reference to any other offence shall be construed as a reference to an offence for which the offender is punishable on summary conviction.

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This entry was last updated: January 27, 2014