Editing Summary offence (section)

==Canada==
In [[Canada]], summary offences are referred to as '''summary conviction offences'''.<ref>{{cite web|title=Criminal Code|url=http://laws-lois.justice.gc.ca/eng/acts/c-46/|publisher=Government of Canada|access-date=20 June 2015}}</ref>  As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories.  For summary conviction offences that fall under the jurisdiction of the federal government (including all [[criminal law]]), section 787 of the [[Criminal Code (Canada)|Criminal Code]] specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both.

As a matter of practical effect, some common differences between summary conviction and indictable offences are provided below.

===Summary conviction offences===
* Accused must be charged with a summary conviction within one year after the act happened. <ref> Criminal Code, RSC 1985, c C - 46, s 786(2)</ref> Limitation periods are set out in the Criminal Code.
* The police can arrest under summary conviction without an arrest warrant if found committing a summary offence notwithstanding s. 495(2)(c) of the Criminal Code.<ref>{{cite web|url=http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#Arrest_without_Warrant_and_Release_from_Custody__1756491|title=Criminal Code, RSC 1985, c C-46|website=canlii.org|access-date=5 May 2025}}</ref>
* If the police do not find committing a summary offence, an arrest warrant is required.
* Accused does not have to submit fingerprints when charged under Summary Conviction.<ref name="canlii.org">{{cite web|url=http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-i-1/latest/rsc-1985-c-i-1.html|title=Identification of Criminals Act, RSC 1985, c I-1|website=canlii.org|access-date=5 May 2025}}</ref>
* Appeals of summary conviction offences go first to the highest trial court within the jurisdiction (e.g., provincial superior court in Alberta is the [[Court of Queen's Bench of Alberta|Court of King's Bench]]).
* After Provincial Superior Court a further appeal would go to the Provincial Court of Appeal (e.g., the [[Court of Appeal of Alberta]]), and then finally to the [[Supreme Court of Canada]], but as a practical matter very few summary convictions are ever heard by the Supreme Court of Canada.
* Accused convicted under summary conviction are eligible for a pardon after five years provided the accused is not convicted of any further offences during that period.
* Always tried in a provincial court (cannot be joined with an indictable offence in a superior court).<ref>R v Clunas, [1992] 1 SCR 595</ref>

===Indictable offences===
* There is no time limit to when charges can be laid, such that an accused can be charged at any time after an act has occurred. The exception to this point is [[Treason#Canada|treason]], which has a 3-year limitation period.
* Police do not require a warrant to arrest under an indictable offence: see S.495(1)(a) Criminal Code<ref>{{cite web|url=https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec495.1ca|title=Arrest without warrant – application of section 524|website=canlii.org|access-date=19 March 2018}}</ref>
* Accused has to submit fingerprints when required to appear to answer to an indictable offence.<ref name="canlii.org"/>
* Appeals always go to the Provincial Court of Appeal first, and then on to the Supreme Court of Canada.
* Accused convicted under an indictable offence can apply for a pardon after 10 years.