After several years of lower crime rates, mostly due to the pandemic, violent crime is on the rise in Alberta. Under Canadian law, crimes are charged as either summary, indictable, or hybrid. Summary conviction offences do not always require the defendant to appear before the judge. A defendant’s lawyer (or agent) can make those appearances on behalf of a client unless the judge requests that the defendant appear. Penalties upon conviction are usually limited to less than two years in prison with fines up to $5000.
When facing criminal prosecution in Canada, the more serious offences are called “indictable.” Indictable offences often result in arrest, require personal appearances before a judge at each stage of the proceedings, and can carry significant prison time and fines upon conviction.
There is also a “hybrid” offence when the Crown can decide to prosecute an offence as summary or indictable, depending on the circumstances. A hybrid offence is deemed to be an indictable offence until the Crown elects otherwise.
Your freedom, your future, and your family’s welfare are in jeopardy when charged with an indictable criminal offence.
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What is an Indictable Criminal Offence?
An indictable criminal offence might result in prison time, fines, and a permanent criminal record upon conviction. Indictable criminal offences are the most serious crimes that can be charged: murder, terrorism, sexual assault and rape, burglary, robbery, financial crimes, and use of weapons in the commission of a crime. Because of the seriousness of these crimes, the criminal procedures are more complicated and afford the defendant more due process protections against abusive police or prosecution behaviours. These protections include the right to a preliminary hearing and a trial by jury or judge at the defendant’s choosing.
Because of the complexity of the proceedings and the severity of the consequences of a conviction, anyone facing an indictable criminal offence should be represented by an experienced criminal lawyer with a reputation for fierceness, integrity, and efficacy in the Edmonton courts.
Indictable Criminal Offences and Their Penalties
Indictable criminal offences are catalogued according to the severity of punishment upon conviction.
Those crimes that require a minimum sentence of life in prison include:
- High treason
- Treason to overthrow the government
- Treason espionage while at war
- First-degree murder
- Second-degree murder
Those crimes that require a maximum sentence of life in prison include:
- Rioting
- Piracy
- Hijacking
- Breach of care while handling explosives
- Terrorism
- Manslaughter
- Attempted murder with a firearm
- Sexual assault
- Kidnapping
- Trafficking
- Robbery
- Breaking into a dwelling
- Drug trafficking
Those crimes that require a maximum punishment of fourteen (14) years in prison include:
- Assisting an alien enemy
- Treason while not at war
- Intimidating Parliament
- Forgery of a passport
- Bringing weapons onto an aircraft
- Activities related to terrorism
- Perjury
- Child pornography
- Trafficking in human organs
- Counselling suicide
- Sexual offences
- Distribution of illegal cannabis
- Counterfeiting money
Those crimes that require a maximum punishment of ten (10) years in prison include:
- Furthering terrorism
- Weapons trafficking
- Dangerous operation of a motor vehicle that causes serious bodily harm
- Possession of stolen goods valued at more than $5000
- Theft from mail
Indictable criminal offences can also include crimes that carry lesser penalties, such as prison terms of seven (7), five (5), two (2) years, or eighteen (18) months.
Court Procedures for Indictable Criminal Offences
With the prospect of prison time and significant fines, the court procedures required to prosecute these indictable offences are intended to protect the defendant’s rights and maintain the integrity of the judicial process. In Alberta, a defendant facing an indictable criminal offence charge can elect to appear before the Provincial Court or the Court of King’s Bench. However, a judicial procedure before a Provincial Court means fewer protections. When appearing before the Court of King’s Bench, a defendant might have the option to have a preliminary inquiry, which allows the judge to review the evidence the Crown has gathered to determine whether there is enough evidence to proceed. If the case goes to trial in the Court of King’s Bench, the defendant can choose whether to be tried by a judge or a jury.
These are important strategic decisions that should be made in consultation with an experienced criminal defence lawyer. Although you have the right to self-representation, the complexity of the judicial process and the severity of the penalties upon conviction make hiring a criminal defence lawyer necessary to ensure fairness and every opportunity to challenge the prosecution in its narrative and procedures.
Are There Any Good Defence Strategies for Indictable Criminal Offences
Here is where an experienced criminal defence lawyer with a reputation for fierceness, integrity, and efficacy in Edmonton courts makes a difference. The Crown must prove each element of a crime beyond a reasonable doubt, the highest level of evidence required in the law. Explaining reasonable doubt requires investigation, strategy, timing, and experience.
There are a variety of defences available at each stage of a criminal prosecution. These defences might include challenges:
- the underlying motivation for a police investigation
- the police methods used to gather evidence and interrogate witnesses
- the police methods used at the time of arrest
- the police methods in obtaining a sworn statement by the defendant
- the integrity of eyewitness testimony
- the feasibility of the prosecution’s story of how the crime was allegedly committed
In addition, savvy defence lawyers know how to cross-examine witnesses, even the police officers involved, so that the judge or jury questions the veracity of that testimony. That hesitation to believe testimony introduces the element of reasonable doubt.
Impact of Indictable Criminal Offences on You, Your Family, and Society
A conviction for an indictable criminal offence means a criminal record that will follow you and your family for years. A criminal record might mean losing the right to live in Canada if you are a permanent resident and prevent you from ever getting Canadian citizenship. More generally, a criminal record might interfere with your ability to:
- Secure meaningful employment
- Procure professional licences
- Locate housing for you and your family
- Obtain an education
- Own and maintain firearms
- Receive bank loans and other financial assistance
- Prevent you from entering the United States or other counties
In addition to damaging your reputation, the stress of the consequences of a criminal record can negatively impact your marriage and other relationships, especially relationships with your children and friends.
What Should You Do If You Are Facing an Indictable Criminal Offence Charge?
The most important thing to remember when facing an indictable criminal offence, or any criminal offence, is to remain silent— not answering questions posed by the police or law enforcement officers – and request to speak with a lawyer immediately. Not just any lawyer. You want a lawyer who knows Edmonton—the police, the Crown prosecutors, the judges—and all of the rules that surround any judicial process. This is not a time to believe you can navigate the criminal proceedings based on your television and film experiences. You need a professional.
Contact a skilled Alberta criminal defence attorney.
Since 1991, Chadi & Company has represented its clients in criminal proceedings throughout Alberta, with offices in Edmonton and Fort McMurray. The lawyers at Chadi & Company have been ranked as “best in Edmonton” and “top ten criminal defence” consistently. You deserve to be represented by lawyers who know how to investigate, defend, strategize, and negotiate on behalf of their clients to secure and preserve your freedom. Contact us online or call us at 780-429-2300.
