Canadian Criminal Offence: Summary vs. Indictable
People sometimes get confused when they have been to court about what they have been charged with. Court can be a traumatic experience particularly for those people who made a simple mistake and were only arrested once in their life. The first time in court is the worst so it is easy for the mind to block out the memory of it. At best most people remember the experience as a little vague. And as time passes a vague memory rarely becomes more detailed.
One of the things people rarely remember after going to court is if the charge was summary or indictable.
The term “summary offence” corresponds with “misdemeanor” in the American lexicon . On the other hand an “indictable offence” in Canada would correspond with a Felony conviction.
This is just a way for the courts to categorize offences as being less serious (summary) or more serious (indictable) in nature.
For example, a DUI charge which is considered a serious crime in Canada is still rarely categorized as an indictable offence unless someone was hurt in the process. On the other hand something like manslaughter is always indictable.
Some charges can go either way and is left to the discretion of the prosecuting attorney which further complicates the matter. If you are unsure of how your charge was cetegorized there is really no way to be certain unless you have access to your criminal record or court documents.
And finally as far as this all relates to Canada pardons and the pardon process just keep reading.
Once you have completed your sentence the following waiting periods must be met before you are eligible for a pardon:
Summary offence: 3 years
Indictable offence: 5 years
But remember to start the paperwork well in advance as it will save you some time.
Your service saved my life and put me back on track to where I was before. Everyone makes mistakes and mine was no exception.
I was charged with a summary offence and with the help of your office I was able to get myself cleared in about a year, could have NEVER done it alone.
The support was amazing and the representative was a HUGE help in all the steps of the process, Thanks to National Pardon Center my life is normal, no more looking over my shoulder waiting for the police to come and no more worries about court dates.
Even better NO more worries when the police pull me over and ask for information with my family in the car, now that hit home everyday I went out in the vehicle.
Give NPC a good honest try, they will help you like they helped me and my life.
Truly
Duane
I am wondering if there is a statue of limitations on a indictable offense As my sell and my children are involved in a case that the person is going to be charged with an indictable offense, but at the present time is unfit to acknowledge the offense as he is incoherent
I am wondering if there is a statue of limitations on a indictable offense As my self and my children are involved in a case that the person is going to be charged with an indictable offense, but at the present time is unfit to acknowledge the offense as he is incoherent
Your situation sounds like the person being charged has not yet been through court. We only deal with criminal records after the verdict at the National Pardon Centre. I am, therefore, probably not the best person to ask in a situation like this. But as a general rule there is never a statute of limitations when it comes to a criminal record. You may want to consult a lawyer.
You are correct in assuming that this has not gone to court as of yet. What I was looking for was an answer to a question on the statue of limitations for an indictable offense. But not in the degree of applying for a pardon, but in the time frame that the RCMP have to charge an individual with the offense. Thank you for your time.
It is my pleasure. I wish I could help more but it’s just not our area of expertise here. Best luck.
I have a question in regards to a DWAI conviction in Colorado, in which I was deemed inadmissable to Canada. A DWAI conviction in Colorado comes from having a blood alcohol level of between .05 and .08. A DUI is after .08. Am I to understand correctly then that anything below .08 would not conclude a “DUI” offence in Canada? Thanks, Shannon
I’m not part of national pardon, nor am I lawyer, but I think whether you are convicted of DWAI or DUI, it is still considered the same offense and inadmissible to Canada. The canadian government have some rules or regulation that can deem you admissible to canada, but you have to follow those rule. I think it is called “Minister’s Approval of Rehabilitation” rule, and hopefully, like many others that received their pardons, you are truly rehabilitated.
Thank you for your comment Billy. You could possibly be right. If the individual is deemed inadmissable he/she will require a Temporary Resident’s Permit, which was previously know as a Minister’s Permit.
question. how many pardons can someone get?
Techinically there is no restriction to getting multiple pardons. But I am not sure if you mean one pardon for multiple offences (no restriction at all) or multiple pardons due to previous pardons having been revoked.