In Canada, most criminal offences are classified as hybrid offences — meaning the Crown Attorney has the discretion to proceed with the charge summarily (for less serious matters) or by indictment (for more serious cases). This decision is known as the Crown election.

What Is a Hybrid Offence?

A hybrid offence allows the Crown to choose how to prosecute a charge. The same offence can be treated as summary or indictable, depending on factors such as:

  • The seriousness of the offence
  • The accused’s criminal record (if any)
  • The strength of the evidence
  • Public interest considerations

When Must the Crown Proceed by Indictment?

In some cases, the Crown has no discretion and must proceed by indictment, such as:

  • When more than 12 months have passed since the date of the charge (unless the defence agrees to waive the limitation);
  • When the Crown seeks a sentence exceeding two years;

How Crown Election Affects the Accused

The Crown’s election impacts the accused’s rights and the mode of trial available:

  • If the Crown proceeds summarily:
    • The case is heard in the Ontario Court of Justice
    • The trial is before a judge alone
    • The accused cannot choose the mode of trial
  • If the Crown proceeds by indictment:
    • The accused has the right to choose how the trial will proceed (called the defence election)
    • Options include:
      1. Judge-alone trial in the Ontario Court of Justice
      2. Judge-alone trial in the Superior Court of Justice
      3. Judge and jury trial in the Superior Court of Justice

For offences punishable by 14 years or more, the accused may also elect to have a preliminary hearing before trial.

Making the Right Defence Election

The decision on how to proceed with the trial is legally significant and should be made in consultation with a criminal defence lawyer. While the accused makes the final decision, your lawyer will explain the advantages and risks of each option based on the facts of your case.

At CSN Law Professional Corporation, we ensure you understand your rights and options clearly, so you can make informed choices at every stage of the criminal process.

Need Legal Advice on a Criminal Charge?

If you’ve been charged with a criminal offence, understanding how the Crown is likely to proceed — and how it affects your defence — is critical. Contact CSN Law Professional Corporation today for trusted, experienced legal representation.