Many Canadians are familiar with the terms felony and misdemeanour from criminal TV series and assume they apply in Canada. However, unlike the criminal law of our southern neighbour, the Canadian Criminal Code does not recognize felonies and misdemeanours. In Canada, criminal offences can be classified only as summary, indictable, or hybrid.
Due to the U.S. and Canadian criminal systems being based on common law, some still use the terms felonies and misdemeanours informally to describe offences of different seriousness. At the same time, applying these terms loosely or assuming they are equivalent to summary and indictable offences can lead to serious misunderstandings. Below, we clarify what felony and misdemeanour mean and why they have no legal standing in Canada.
Key Takeaways:
- Felony vs. Misdemeanour: These U.S.-specific terms are not used in Canada. Canada classifies crimes into summary, indictable, and hybrid offences.
- Summary Offences: Least serious crimes with a maximum penalty of two years less a day or a fine. Examples include causing a disturbance or public nudity.
- Indictable Offences: Serious crimes with no statute of limitations, including violent crimes and fraud. These carry more severe penalties.
- Hybrid Offences: Can be prosecuted either summarily or by indictment, depending on the case’s severity and circumstances.
- Legal Flexibility: Canada’s system allows the Crown to decide how to prosecute crimes, providing flexibility in legal procedures and penalties.
What Is a Felony?
In the United States, a felony crime is a criminal offence punishable by imprisonment for more than 12 months. Originating in the British common law, felony is the most serious charge, which carries the heaviest penalties.
Most often, felony charges come with large bail amounts and strict procedural processes. Typical examples of felonies include murder, serious fraud, assault, rape and other heavy crimes.
What is a Misdemeanour?
The meaning of misdemeanour in U.S. law is defined as a crime that is more serious than a violation and less serious than a felony. In some states, misdemeanours can be further classified into groups depending on the severity of the offence.
The maximum punishment for a misdemeanour is 12 months in a local jail. Typical examples of misdemeanours include DUI, petty theft, assault without injuries, vandalism, disorderly conduct, trespassing, and similar crimes.
Why Canada Doesn’t Use Felony and Misdemeanour Classifications?
Similar to the U.S., the Canadian criminal system is based on the British common law. In fact, Canada has also classified crimes into felonies and misdemeanours before introducing its Criminal Code back in 1892.
Today, instead of using legacy labels of felony and misdemeanour based on the length of sentence, the Canadian Criminal Code uses the severity of the offence and individual circumstances of the criminal act as factors in determining the procedure and punishment. Once used in Canadian provinces in the past, the offences of felony and misdemeanour are now non-existent in Canada.
How Crimes Are Classified in Canada Instead
The Canadian criminal law classifies crimes into summary, indictable, and hybrid offences. Unlike the US classification, the Canadian system provides prosecution and the court with more flexibility in laying the charges and sentencing.
Summary Offences in Canada: The Least Serious Criminal Charges
In Canada, the least serious crimes are classified as summary offences, which often draw a parallel to misdemeanours in the U.S. There are only a few purely summary offences, which include causing a disturbance, public nudity, harassing phone calls, and several other crimes defined by the criminal law.
The maximum penalty for a summary offence in Canada is two years less a day, a fine of $5,000, or both. The maximum statute of limitation for summary offences (the period when charges can be laid after the occurrence) is 12 months.
Indictable Offences: Serious Criminal Charges in Canada
Indictable offences in Canada cover more serious crimes, such as violent crimes, major fraud, drug-related offences, and other serious crimes. Unlike felonies in the U.S., the Canadian indictable offences have no statute of limitations and can be prosecuted anytime, even decades after they occurred.
Indictment offences bear more serious penalties than summary crimes, including lengthy prison sentences. The higher criminal liability and penalty for indictable crimes often lead some Canadians to compare them with felonies in the U.S.
Hybrid Offences: How Crown Election Affects the Case
The Canadian criminal law introduces a hybrid type of offences that is non-existent in the U.S. In fact, most crimes under the Criminal Code of Canada are hybrid, allowing the Crown to prosecute either summarily or by indictment depending on the severity of the case and the individual circumstances.
The broad discretion provided to the Crown in classifying the same offences as either summary or indictable is unique to Canada and other Commonwealth jurisdictions. The ability of the prosecution to decide how the charges are laid, the applicable procedure, and potential consequences for the accused based on the individual circumstances of the case makes the Canadian classification system highly distinct from that used in the United States.
Felony vs Misdemeanour vs Canadian Offences: Key Differences Explained
While both misdemeanours in the United States and summary offences in Canada are the least serious crimes, most similarities end here. Misdemeanours in the U.S. and summary offences in Canada differ in criminal procedure, statute of limitations, and the maximum punishment applicable. Depending on the individual circumstances and the type of crime, the Crown Attorneys in Canada can choose to proceedby summary or by indictment for the same criminal act, while the prosecutors in the US are limited in their choices when laying charges.
Similarly, the US felonies and Canadian hybrid or indictable offences are only similar by being distinct from misdemeanours and summary crimes, respectively. Unlike felonies, hybrid charges prosecuted by indictment have no statute of limitations, carry a different set of penalties, allow sentencing flexibility and broader judicial discretion based on facts of the case, promoting proportionate punishment.
Common Misconceptions About Felonies and Misdemeanours in Canada
There are multiple common misconceptions about felonies and misdemeanors, such as the idea that “misdemeanor is just a summary offence” or “felonies exist in Canada.” Most of these myths are based on a misunderstanding of the Canadian legal system and erroneous application of concepts from the U.S. criminal law.
Similarly, the notion that “serious crimes are always indictable” comes from confusing indictable offences in Canada with felonies in the U.S., which are based on different legal principles and criminal laws.
Conclusion: Understanding Crime Classification in Canada
The Canadian classification of crimes into summary, indictable, and hybrid offences provides prosecution and the courts with flexibility when laying the charges. The ability of the prosecution to choose the type of proceedings depending on the circumstances of the case allows the Crown to impose penalties proportionate to the offence.
While the terms misdemeanour and felony are still used in the United States, these classifications are not used in the Canadian criminal system. If you are interested in more information on criminal charges in the GTA and Ontario, including Barrie, Innisfil, Richmond Hill and Vaughan, please don’t hesitate to get in touch with our criminal lawyer for a free initial consultation and personalized legal support.
Frequently Asked Questions About Misdemeanour vs Felony in Canada
Does Canada have felonies and misdemeanours?
No, felonies and misdemeanors as they are known in the U.S., do not exist in the Criminal Code of Canada.
What is the Canadian equivalent of a felony?
Indictable offences are sometimes confused with felonies because they are distinct from less serious summary offences. That said, the Canadian criminal system applies a different set of principles to defining offences and does not have a direct equivalent of a felony as it is defined in the U.S.
What is the Canadian equivalent of a misdemeanour?
Summary offences in Canada are sometimes confused with misdemeanours in the U.S. as being the least serious criminal violations. At the same time, summary offences and misdemeanours are different in criminal procedure, applicable statute of limitations, and sentencing.
Are indictable offences worse than felonies?
Both indictable offences in Canada and felonies in the U.S. refer to the most serious crimes. At the same time, these classifications are based on different legal principles and should not be confused.
How are hybrid offences different?
Hybrid offences, also known as dual procedure offences, can be prosecuted either summarily or by indictment, allowing the prosecution to choose the legal path and penalty according to the individual circumstances of the case. In contrast, felony charges in the U.S. do not allow dual interpretation.
Does offence type affect jail time and parole?
Depending on whether the Crown proceeds summarily or by indictment, the accused may face different consequences. In general, summary offences include lesser punishment and non-custodial sentences, while indictable offences may involve longer prison sentences and parole eligibility.
Is misdemeanor a criminal offence?
There is no such thing as a misdemeanour offence in Canada. The Canadian Criminal Code uses a different classification of crimes, which is distinct from that in the U.S., where misdemeanours and felonies still exist.
What is considered a felony in Canada?
There is no felony offence in Canada. The Canadian criminal law does not divide offences into felonies or misdemeanours. Instead, the Criminal Code classifies criminal acts into summary, indictable, and hybrid offences.
