The Canadian justice system has a specific judicial process when it comes to prosecuting and appealing criminal offences. Summary offences are referred to as summary conviction offences. Summary conviction offences are not as severe as offences that require a criminal indictment. The punishment for summary offences typically involves smaller fines and prison sentences that are not as long as criminal indictments. Both summary conviction offences and indictment conviction offences appear under the jurisdictions of both the provincial and federal courts. Under federal jurisdiction, summary conviction offences will normally involve a fine that can be up to $5000.00 and a prison sentence that can be up to 6 months. They can also include both a prison sentence and a fine. As well, Section 786 of the Canadian Criminal Code has a statute that states that the trial for a summary conviction offence must take place 6 months or less after the offence was committed. However, the defendant and prosecutor have the ability to agree to forgo the statue.
Summary conviction offences do not require an arrest warrant and the person who has been charged with the offence will not have to submit his or her fingerprints. Appeals of summary conviction offences will first be heard directly at the highest trial court within the jurisdiction such as a Provincial Superior Court of Appeal. Then, the appeal can go to the Supreme Court of Canada. Most summary conviction appeals never reach the Supreme Court of Canada. For indictable offences, the time for charging the accused is not limited. Police are not required to have an arrest warrant for an indictable offence. As well, the accused does have to submit fingerprints. Indictable Offences Appeals will first be heard the Provincial Court of Appeal, and then it can go to the Supreme Court of Canada.
In Canada, the appeals court does not hear the trial again so there is no evidence or witnesses presented. However, there are rare cases where the appeals court may consider significant new evidence. After the transcripts of the trial are available and an application for an appeal has been made, the court of appeal will book a date to hear the appeal. The role of the appeals court is to make sure the trial was conducted fairly and properly. The appeals court may also look at what happened during the trial to see if the evidence presented during the trial supports the conviction. As well, they will look at such aspects as: the type of crime committed, the impact of the crime on the victim, the background of the offender, and the previous sentences imposed in the same type of cases. The length of time varies with each case.
Upon conclusion of the appeals hearing, the judge will consider the arguments and render a decision that can be either: dismissal of the appeal, order a new trial, substitute a verdict of guilt, order an acquittal, or either increase or lower the conviction sentence, or remove or add penalties. In Canada, when charged with an offence, it is important for the accused to have a lawyer who understands the legal process to ensure the trial and appeal is fair and just.
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