However, there is a category
of hybrid offences where, even when the Crown elects to proceed by indictment, the accused will have no choice as to mode of trial, but must be tried by a Provincial Court judge.
According to section 86 of the Criminal Code, any person who, without lawful excuse, carries, handles, ships, transports or stores a firearm (non-restricted, restricted or prohibited), in a careless manner without taking reasonable precautions for safety will be guilty
of a hybrid offence.
Not exact matches
If you have been charged with a
hybrid offence mitigating factors may influence the Crown's decision
of whether or not to proceed by summarily or by indictment.
On this basis, art. 2402
of the Civil Code
of Québec concerns only indictable
offences, those that are punishable exclusively by way
of indictment, and not, as in this case,
hybrid offences.
Some
offences that had been classified as
hybrid were reclassified as strictly summary, which meant Provincial Court trials for all
of them.
An increasing number
of offences that had been strictly indictable were reclassified as
hybrid.
For most indictable
offences — including
hybrid offences that the Crown chooses to treat as indictable — accused persons can «elect» or choose the mode
of trial.
The national database contains a range
of information useful to law enforcement, including records about
hybrid and indictable
offences.
Criminal
offences under Canada's criminal code are divided into three kinds: indictable
offences which are the more serious
offences and which carry longer terms
of imprisonment, summary convictions which are the less serious
offences usually punishable by less than 2 years imprisonment and
hybrid offences which can be prosecuted as either indictable or summary.
For example, assault with a weapon is a
hybrid offence and if prosecuted as an indictable
offence, is punishable by a maximum term
of 10 years imprisonment.
Unfortunately, according to the Immigration Act now, if the
offence you were convicted
of is a
hybrid offence, the Act treats it as if the
offence was an indictable
offence even if it was prosecuted summarily.
Where a proceedings progresses to its conclusion without the Crown having made an election on a
hybrid offence and the laying
of the charge was within 6 months
of the incident, the Crown is deemed to have elected to proceed by «summary conviction».
The Crown has the power
of election on
hybrid criminal
offences.
A
hybrid offence is an
offence defined in the Criminal Code as having both summary and indictable classes
of punishment.
Topics discussed include indictable and
hybrid offences, terms
of imprisonment, ability to sponsor family members, mechanisms for relief in criminal law, and pardons and record suspensions.
Types
of Offences Section 2 (1) of the Identification of Criminals Act applies to persons charged with an indictable or hybrid o
Offences Section 2 (1)
of the Identification
of Criminals Act applies to persons charged with an indictable or
hybrid offencesoffences.
Most
of the
offences in the Criminal Code are
hybrid offences.