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.
I was charged in the U.S. for a battery/bodily harm. First and only criminal offence in my life. The case is closed as of 06/2010. Incident occured 02/2009.
I paid a $600.00 fine plus court costs, and competed 26 weeks of court ordered anger management classes.
I have an oportunity to drive for a bonded common carrier who delivers food products into Canada on an on going basis. The perspective employer is not sure if I will be permitted to cross the US Canadian Boarder and asked me to find out if I could.
The employer said if I would be able to cross, I would get the job.
I have a current Class A CDL with a Hazmat endorcement which was renewed after the case closed. As you know in order to get a HAZMAT endorcement you must pass a Federal Background check.
Can you tell me if the incident warrents disbarment from entering Canada for the purpose stated above?
Kind Regards,
Don
Hi Don,
It sounds to me like you need a Temporary Resident’s Permit. This is the Canadian equivelant of a US Entry Waiver. But I am afraid we do not handle those applications and do not have anyone we can recommend. If you are able to get a pardon for your charge in the US then that will also be sufficient to allow entry to Canada.
Best luck to you. I hope your employment opportunity works out.
Michael
[...] very serious offense, more along the lines of a felony here in the US. Keep digging that hole. http://www.nationalpardon.org/blog/n…-vs-indictable For example, a DUI charge which is considered a serious crime in Canada is still rarely [...]
I am in the US Army and have to travel on orders through Canada to Alaska via personal vehicle. 17 years ago I had a suspended sentence for minor consuming, and 16 years ago I was arrested for a DUI in Alaska but it was reduced and sentenced for a reckless driving. My question is do you think I will have issue traveling through the border? Do I need to apply for rehabilitation. I am concerned because I have to travel in the next month.
I had got caught shoplifting when I was 18, which was 22 years ago now. The charge at the time was theft under $1000. I pled guilty and paid $100 fine. 5 years after that I went in to get a pardon and asked at the RCMP for a copy of my record, the officer told me there was actually nothing on my record. Fast forward to about 3 years ago when I was going across the border for Canada to the US.. They asked if I had a record, and I replied, well no I had gotten a pardon and there was nothing on my record. They of coarse told me that they font recognize Canadian pardons and that I would need to bring a copy in the next time I went across. I went in to an RCMP to find out if I could get a copy, only to get the same response of there not being anything on my record. So the next few years I have been going across the border with no questions and no problems, and I was making up to 3 trips a month and had been brought inside on a few cases without any problem. Then all of a sudden in January they ask me about the pardon, and that I need to bring OT in again. After that I went over 3 more times and then I was being told to go inside every time about the pardon. So I went and got my fingerprints and had a place in Alberta search through my records. The copy of my fingerprints that I got back said that there was nothing on my record. But the legal place finally found the court record from the theft under. The problem is now, there isn’t a summary or indictable conviction on the court record and my fingerprint says that there is nothing there. I’m not sure what my options are at this point. If my fingerprints say I have no record, can I not just show them that to get across to satisfy them? If no court document was found, would they have sent anything to say that there wasn’t? I have to travel to the US for work, and need to have this resolved pretty quickly. Any suggestions would be great thanks.
Hi Mike,
It sounds to me like you may have “given yourself up” at the Border by admitting to having a pardon. In any case, what’s done is done so let’s try to find some solutions to your current situation. As I’m sure you realize, one summary theft conviction does not render you inadmissible to the USA whereas one nidictable theft under conviction will get you refused. We need to prove to Customs that the offence was, in fact, summary.
You can submit fingerprints under the Privacy Act for a copy of your pardoned criminal record from the RCMP (which will hopefully contain the section of the Criminal Code under which you were convicted which will, in turn, prove whether the offence was summary or indictable). I am in Calgary so can help you out with this request if you are able to come in to the office. If you aren’t in my area, please give me a call and we can get this sorted out.
It is possible that the courts simply didn’t send the RIGHT records. Unless you are very unlucky they normally have SOMETHING on file that would show that the offence was summary or indictable. Again, I can certainly help with that as well.
Give me a call at 866-242-2411 to discuss your case further.
Birgit
Thanks for the reply Birgit. I don’t live in Calgary I’m actually in BC. I did get more clarification on the court record, and it actualy does not have summary or indictable on it. So that’s one problem. As far as I know, and I also have sent my fingerprints in for all the necessary information, the RCMP portion shows no criminal record and I didn’t actually fully apply for a pardon. I am waiting for a copy of that portion. When I was 23, I started to apply for the pardon, when I went in to the local RCMP to obtain a copy of my record, they told me there was no criminal record. So a pardon was submitted and my criminal record says I don’t have any charges, yet there is a court document that shows that I had a theft under $1000 charge. It all doesn’t make a lot of sense to me. Can I not go to the border station with a copy of the pardon search and the copy of my fingerprint criminal record copy and show that to them to be good enough to satisfy them? I don’t see why I would have to show them the court record if everything else is in the contrary. I really don’t want to bother spending $1000 per year for a waiver. It’s just not worth it to me. I really appreciate your advice and I don’t want to put you in a spot here for what I technically should or shouldn’t do legally, but I’m willing to take a chance if the pardon and the criminal record are clean.
Hi Mike,
You are flagged in the US system because you TOLD Customs that you had been granted a pardon so you will have to show them something. They keep records every time they question someone at the border.
What court record, exactly, did this company obtain from the courts? They may be able to order other documents that DO indicate whether the charge was summary or indictable.
If court records indicating whether the charge was summary or indicatble do not exist, then I sugegst you bring whatever court records you DO have to your nearest Port of Entry and ask US Customs if you will need a waiver. If they say that you should apply for one, then give me a call and we can get the process started for you. If they decide that you are not inadmissible then you *should* be ok to travel but be aware that Border Guards have a lot of discretionary power so you could get unlucky one day and still be refused entry.
Birgit
866-242-2411
I understand what you are saying. I am waiting on a copy of what information my pardon says. Every time I was going across all they kept asking me is.. Do you bring a copy of your pardon?.. And they told me that all I needed to do was bring in that copy and tgey would take that flag off. Odiously if I had something there tgey would want more info. All I’m saying is, I have no convictions on my fingerprinted record, and “if” there pardon says I didn’t actually apply for one, would that not mean that I didn’t have a record aside from the court document? The place I’m using has tried 2 times to find out whether it was summary or indictable already and there was no luck. I do think it would be a good idea to take everything there to find out what they will do instead of paying for a waiver first. My question is, if I had gotten a copy of my pardon and the my record copy first, went to border with that, because it did take a long time to find that court document, would that not be good enough? Also, if I brought in everything including the court document and they said it was ok to go through the border, would I be stopped every time or some random time after and not be let across? Thank you for all your help.
Hi Mike,
I am a bit confused here- you keep talking about your pardon even though you say you never actually went through with it…. did you get a pardon or not? If you did not obtain a pardon, you definitely want to show the US a letter from the Parole Board stating that you were never granted a pardon but you also need to bring them the court records that you have as well as the printout from the RCMP that states you do not have any convictions in the National Repository. You have a criminal record by virtue of the fact that you were found guilty of an offence in a court of law. RCMP records are FULL of mistakes. You told the US about this offence and so now you need to provide them with the info they need to determine whether you are inadmissible or not. They need to know what section of the Criminal Code you were convicted under and whether the offence was summary. Unfortunately, it seems that your court records also contain errors and that they do not indicate the method of trial (summary vs. indictable) and so you may be out of luck. Generally speaking, US Customs will assume the worst. In other words: if you cannot prove that the offence was summary, they will assume it was indictable and you may be found inadmissible and have no choice but to apply for a waiver.
I suggest you bring US Customs the printout you have from the RCMP, a copy of your pardon (or a letter stating that no pardon was granted- whichever applies), and any court documentation that you have. You may get lucky and they may decide that you are not inadmissible or they may tell you that you will need a waiver. Only they can answer that question at this point.
Good Luck!
Birgit
Hello,
I was wondering what a summary indictable offense means and how long I would have to wait before a pardon.
Regards
Lynnie: Summary offence means lesser convictions such as those that impose fines but no jail sentences. Indictable means a convictions that can but don’t always impose a jail sentence such as a DUI. It’s usually at the discretion of the prosecutor. If you need to know which you got…you have to see your criminal record or check your court papers. You can start the process of your application 3yrs after a summary offense once all fines and sentences are discharged. If you were convicted of an indictable offense, then you can apply 5yrs after your sentence was discharged and all fines/sentences finished.
Hi Lynnie,
Wendy is correct in that summary offences are generally considered lesser offences and that indictable offences are generally more serious. Many offences are HYBRID offences, meaning they can be either summary OR indictable. DWI’s are summary 99.9% of the time but they do fall under the umbrella of hybrid offences and so can technically go either way. As a general rule of thumb: if a person served more than a month or 2 of jail time, then it was probably an indictable offence. But not serving jail time does NOT guarantee you that the offence was summary. Fraud convictions, for example, are RARELY met with jail terms but are often indictable. You usually have to check with the court to determine how the Crown proceeded in a case because the criminal record alone rarely provides enough information. I can provide you with a very educated guess as well if you want to call me to discuss your individual circumstances!
One thing I would like to clarify is that, while Wendy is generally correct that a person becomes eligible for their pardon 3 or 5 years after the completion of their sentence (with a couple of exceptions for very serious crimes), it is a good idea to start the application process at least 1 year before your official eligibility date. The RCMP and courts can take FOREVER to get us the required documentation for a file so it is always smart to get a head start!!
Birgit
hi Birgit,
i am trying to decide to try to fight my dui or to just plead guilty. i am really concerned about the criminal record. my lawyer only thinks he has a 65% chance to get me off on a technicality and the shear cost of the fees and the extra time until trial really worry me. i just want to put this experience behind me as i have absolutely learned my lesson.
i travel quite a bit for pleasure and am worried I will loose that opportunity to go to other countries. i’m not interested in going to the states but if there was no bodily harm done and no accident (pulled over at a check stop) and you plead guilty and get the summary offence how hard is it to travel? what else does a record actually affect? i just got a new job and they weren’t worried about it at all. i have a house and a mortage but in the future could this affect me in other ways?
Hi Samantha,
I am not a lawyer so am not qualified to give legal advice but avoiding a conviction, if possible, will obviously save you a lot of headaches. The decision regarding how to plead is one that only you and your legal counsel can make.
An impaired driving conviction probably won’t limit you too much when it comes to travel. Even the US will allow a person to enter with one DWI on their criminal record. Countries that require you to apply for visas in order to enter and Commonwealth contries may be a problem for you, however.
A criminal record can have far-reaching ramifications. Employment is probably the number one reason that people cite when applying for pardons. Even if your current employer isn’t overly concerned about your potential record in your current position, it may limit your ability to gain promotions in the future. It can also affect your ability to volunteer, adopt children, become bonded, etc. etc.
Best,
Birgit
I have been charged with theft under $5000 and go to the RCMP on October 5 for fingerprinting and photos. I will be going to court in december and expect to plead not guilty and go to trial sometime next year. If I am charged, it will be a summary conviction. Does this summary conviction show up on CPIC records at the border? Can I go into the US, as I do travel over the border frequently with my family. What about the time between the fingerprinting and any trial? Thanks.
Hi Elizabeth,
US border guards can see pending charges and will refuse you entry because of them so you cannot even attempt to cross the border until your case is finalized in court.
If you are convited, US border guards will be able to access that information as it will appear on CPIC. According to the Immigration and Nationality Act, ONE summary Theft Under conviction does not render a person inadmissible to the USA. You should be aware, however, that border officials have absolute discretion over who they allow across the border and I have spoken with many people who have been refused entry even when they technically should not have been. At the very least, I suggest that you travel with court records outlining your conviction (we can get these for you if you open your pardon file with us). A better option would be to avoid US travel altogether until you have pardoned your record.
Please contact us once your case is finalized in court at: info@nationalpardon.org
Good Luck!!
Birgit
Hi my fiancé and I have started the application for his passport in February of this year and his finger prints were sent it. He was charged for assault causing bodily harm over five years ago for protecting his family but that’s another story. What we are trying to figure out is if you have any ideas about the normal wait time for processing of finger prints? They responded to our email in august stating theyreceived all his documents on June 3 2011!? There is no way I took them 5 months in the mail so I am assuming they are way behind in their processing. We would like to travel to the Us this spring or summer but at this rate I don’t think it’s going to happen. My other question is around his Indian status with this charge is he still able to enter the US because he is first nations?? We would appreciate the advice thanks Chantelle
Hi Chantelle,
Are you processing a passport or a pardon? If you are doing a passport I can’t understand why you would be submitting fingerprints unless things have changed considerablyt since I last renewed mine. If it’s a passport you want just go to your nearest passport office and apply. You do not need fingerprints for that. If it is for a pardon the waiting times at the RCMP are simply unacceptable at the moment. It is taking months and months to return a fingerprint cerification even with the electronic submissions. If you sent them by mail it could take a long time indeed. Finally if your fiance has Indian status my understanding is that he cannot be turned away at the border. Howver, if it were me I would prefer to not give the Americans that information and would make sure I secured a pardon prior to crossing the border.
Kind regards,
Michael
Hello,
In May of 2004 I was convicted of assault and breach of recognisance and received three years probation. Both charges were classified as summary convictions. I was just wondering if I do indeed, need a pardon to cross the border into the U.S.? This was the first time I was ever charged or convicted of anything. Any information you can provide would be greatly appreciated. Thank you in advance.
Hi Mark,
I would have to see the exact sections of the criminal code that you were convicted under but it sounds like you may not be inadmissible under the Immigration and Nationality Act. The problem is that border guards are given complete discretion over questions of admissibility and if you land on the wrong guard on the wrong day, he or she could refuse you entry. If you apply for a pardon, you would clear your record and could avoid potential headaches. Please call us at toll free 1-866-242-2411 to discuss the details of your case!
Birgit
i was convicted of a summary offence in 1993 for failing to protect my children.there was no fine or jail time nor was i ever fingerprinted .i was given one year probation.do i need a pardon to go to the USA.this all happened in Nova Scotia