The 3 Main Types of Criminal Offences in Canada

British Columbia - The 3 Main Types of Criminal Offences in Canada

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In British Columbia there are 3 main types of criminal offences. They are (1) purely overview conviction offences, (2) purely indictable offences, and (3) hybrid offences.

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British Columbia

These 3 types of offences are set out in the Criminal Code of Canada.

Purely overview conviction offences

The list of overview conviction offences is set out in section 553 of the Criminal Code. These are the most minor charges compared to indictable and hybrid offences. Examples comprise theft (under ,000) and mischief charges.

Purely indictable offences

Indictable offences are the most serious criminal offences. These offences are set out in section 469 of the Criminal Code. Examples of indictable offences comprise murder and treason.

Hybrid offences

Hybrid offences are all those not listed in either section 553 or 469 of the Criminal Code. The majority of criminal offences in Canada are hybrid.

What hybrid offence means is the prosecutor can choose either to classify an offence as overview conviction or indictable. How a payment is classified determines how a payment is processed straight through the criminal court system.

Process: overview conviction vs. Indictable

The two main differences are (1) the maximum punishments, and (2) the court process.

When the prosecutor has the option to choose (i.e. Hybrid offence), the overview conviction maximum punishments are often less severe than indictable classification.

For example, an impaired driving payment (aka operating while impaired) is a hybrid offence where the prosecutor can choose to promenade summarily or by indictment. As an indictable offence, the maximum punishment is 5 years in jail; as a overview conviction offence, the maximum punishment is 18 months.

Another contrast is the court process.

In British Columbia, criminal cases are processed and heard provincial courts and consummate courts. All trials in Provincial Court are heard by judge alone, whereas trials in consummate Court may be heard by a judge alone or judge and jury.

Purely overview conviction offences (those listed in section 553 in the Criminal Code) are processed and heard only in Provincial Court. This means that an accused doesn't have the option for a jury or a introductory inquiry.

If a payment is a hybrid offence, and the prosecutor classifies it as indictable, then the accused can choose either to have the case processed and heard in Provincial Court or consummate Court.

The main contrast with consummate Court is the option for a jury and introductory inquiry (a pre-trial hearing where the prosecutor presents evidence to the court to settle either there is enough evidence to continue against the accused).

If the prosecutor chooses to classify and promenade by indictment (i.e. Indictable offence), then the accused chooses either to have the case heard in Provincial Court or in consummate Court by judge alone or judge and jury.

Purely indictable offences (those listed in section 469 of the Criminal Code) are processed and heard only in consummate Court. The default trial mode is judge and jury; however, if the accused and prosecutor consent, the trial may be heard by judge alone.

That sets out the 3 types of criminal offences in British Columbia.

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