If you have heard the words felony and misdemeanour on American television and wondered where your own charge fits, the short answer is that neither term exists in Canadian law. Canada’s Criminal Code classifies offences only as summary, indictable, or hybrid, and it has done so since the Code came into force in 1893. The distinction matters because these categories are not just Canadian labels for the American tiers: they carry different limitation periods, court procedures, and penalty ranges, and for the large group of hybrid offences it is the Crown’s choice of how to proceed, not the name of the charge, that shapes the case. This article explains what “felony” and “misdemeanour” mean in the United States, how Canada’s three categories work instead, and why that difference is more than a matter of vocabulary.
Key Takeaways
- Felony and misdemeanour are U.S.-specific terms. Canada’s Criminal Code classifies offences only as summary, indictable, or hybrid.
- Summary offences are the least serious. Unless a specific provision says otherwise, the maximum penalty is a $5,000 fine, up to two years less a day in jail, or both (s. 787(1)), and charges must generally be laid within 12 months (s. 786(2)).
- Indictable offences cover the most serious crimes, carry no general limitation period, and can be prosecuted years or decades later.
- Hybrid offences — the majority of Criminal Code offences — let the Crown choose whether to proceed summarily or by indictment, based on the facts of the case.
- This Crown discretion is a structural feature of Canadian criminal law with no direct U.S. equivalent, giving prosecutors and courts more flexibility than the felony/misdemeanour system allows.
Why Canadians Hear “Felony” and “Misdemeanour” at All
Many Canadians are familiar with the terms “felony” and “misdemeanour” from American TV and film and assume they apply here. They don’t. The Canadian Criminal Code does not recognize felonies or misdemeanours. In Canada, criminal offences are classified only as summary, indictable, or hybrid.
Because the Canadian and American criminal systems both descend from English common law, some people still use the terms “felony” and “misdemeanour” informally to describe more or less serious Canadian offences. That shorthand is not wrong in spirit, but treating the terms as legally equivalent to indictable and summary offences can lead to real misunderstandings — particularly around limitation periods, court process, and what a Crown election actually changes about a case.
What Is a Felony? (U.S. Law)
In the United States, a felony is a criminal offence generally punishable by more than one year of imprisonment. Originating in English common law, felony is the more serious tier of the two-tier U.S. system and typically carries higher bail amounts and more formal procedural requirements. Typical examples include murder, serious fraud, aggravated assault, and sexual assault.
What Is a Misdemeanour? (U.S. Law)
A misdemeanour in U.S. law is a crime more serious than a minor infraction but less serious than a felony, generally punishable by up to 12 months in local or county jail (the exact threshold varies somewhat by state). Some states further subdivide misdemeanours into classes based on severity. Typical examples include DUI, petty theft, assault without injury, vandalism, disorderly conduct, and trespassing.
Why Canada Doesn’t Use Felony and Misdemeanour Classifications
Canada’s criminal law is also rooted in English common law, and before Confederation and in the early post-Confederation period, felony and misdemeanour were a real, formal part of the law received from England — not just casual terminology. That changed with Canada’s first Criminal Code, which received Royal Assent on July 9, 1892 and came into force on July 1, 1893, consolidating the mix of English common law, English and provincial statutes, and post-Confederation federal legislation into a single federal code. Since then, the felony/misdemeanour distinction has had no legal standing in Canada. Instead, the Code classifies offences by their seriousness and the individual circumstances of the act, using the summary/indictable/hybrid framework described below.
How Crimes Are Classified in Canada Instead
Canadian criminal law classifies offences into three categories, giving the Crown and the courts more flexibility in how charges are laid and prosecuted than the American two-tier system allows.
Summary offences: the least serious criminal charges
Summary offences are Canada’s least serious criminal charges and are often loosely compared to U.S. misdemeanours. There are relatively few purely summary offences — causing a disturbance, public nudity, and harassing phone calls are examples. Unless a specific Criminal Code provision sets a different penalty, section 787(1) caps the maximum penalty at a $5,000 fine, up to two years less a day in jail, or both. This maximum was increased from six months to two years less a day by Bill C-75, effective September 19, 2019. Under section 786(2), the Crown must generally lay summary charges within 12 months of the alleged offence, unless the prosecutor and the accused agree to extend that period.
Indictable offences: serious criminal charges
Indictable offences cover Canada’s more serious crimes, violent offences, major fraud, drug trafficking, and similar conduct. Unlike U.S. felonies, indictable offences in the Criminal Code carry no general limitation period and can be prosecuted at any time, including decades after the alleged offence. They also carry more serious potential penalties, including lengthy prison sentences. For most indictable offences, the accused can elect trial by judge alone, judge and jury, or request a preliminary inquiry — procedural rights not available for purely summary matters. Two notable exceptions apply: “absolute jurisdiction” offences under section 553 are tried only by a provincial court judge with no election available, and “exclusive jurisdiction” offences under section 469 (including murder) must be tried in the Superior Court and cannot be elected down to provincial court.
Hybrid offences: how Crown election affects the case
Hybrid (or “dual procedure”) offences have no real U.S. counterpart and make up the majority of Criminal Code offences. For a hybrid offence, the Crown chooses whether to proceed summarily or by indictment, based on the severity of the alleged conduct and the circumstances of the case. That election determines which limitation period applies, what procedural rights are available, and the range of penalties in play, giving Canadian prosecutors a degree of built-in flexibility that has no direct parallel in the American felony/misdemeanour model.
Felony vs. Misdemeanour vs. Canadian Offences: Key Differences
| U.S. Misdemeanour | Canadian Summary Offence | U.S. Felony | Canadian Indictable Offence | |
|---|---|---|---|---|
| Limitation period | Varies by state | 12 months (s. 786(2)) | Varies by state; often none for serious crimes | None, generally |
| Max. penalty (default) | Up to ~12 months (varies) | $5,000 fine / 2 years less a day (s. 787(1)) | Life or lengthy terms possible | Set by the specific offence; can include life |
| Who decides the charge level | Fixed at charging, based on the facts | N/A — either a straight summary offence or a Crown election on a hybrid charge | Fixed at charging (with limited “wobbler” exceptions in some states) | N/A — either a straight indictable offence or a Crown election on a hybrid charge |
Beyond this table, the similarities mostly end. Misdemeanours and summary offences differ in criminal procedure, limitation periods, and maximum penalties. Likewise, U.S. felonies and Canadian indictable or hybrid offences are only alike in being the more serious tier of their respective systems — the underlying legal principles, sentencing flexibility, and judicial discretion are structured quite differently.
Common Misconceptions About Felonies and Misdemeanours in Canada
- “A misdemeanour is just a summary offence” — the categories are not legally interchangeable; they differ in procedure, limitation periods, and available penalties.
- “Felonies exist in Canada” — they do not, and haven’t since the Criminal Code came into force in 1893.
- “Serious crimes are always indictable” — many serious-sounding charges are hybrid, and the Crown’s election (not the label “indictable” alone) often determines how the case actually proceeds.
Get Legal Advice for a Criminal Charge in Ontario
Whatever a charge is informally called, what matters is how the Crown elects to proceed and what that means for your case. If you’re facing criminal charges in Toronto, Barrie, Innisfil, Richmond Hill, Vaughan, or anywhere in the GTA and Ontario, contact Vilkhov Law for a free, confidential consultation.
Frequently Asked Questions
Does Canada have felonies and misdemeanours?
No. Felonies and misdemeanours, as they’re known in the U.S., do not exist in the Criminal Code of Canada. Canada classifies offences as summary, indictable, or hybrid.
What is the Canadian equivalent of a felony?
Indictable offences are often loosely compared to felonies because both represent the more serious tier of their respective systems. However, Canada’s indictable offences are defined by different legal principles — including the absence of a general limitation period — and are not a direct equivalent.
What is the Canadian equivalent of a misdemeanour?
Summary offences are often compared to misdemeanours as the least serious category in each system. They differ, however, in criminal procedure, applicable limitation period (12 months in Canada under s. 786(2)), and maximum sentencing.
Are indictable offences worse than felonies?
Both represent the most serious tier of offences in their respective countries, but they’re built on different legal principles and shouldn’t be treated as directly comparable.
How are hybrid offences different?
Hybrid offences can be prosecuted either summarily or by indictment, at the Crown’s election, based on the facts of the case. U.S. felony charges don’t allow this kind of dual treatment at the charging stage.
Does the offence type affect jail time and parole?
Yes. Where the Crown proceeds summarily, penalties are generally lower and often non-custodial. Where the Crown proceeds by indictment, sentences can be longer, and parole eligibility rules differ accordingly.
Is a misdemeanour a criminal offence in Canada?
There’s no such thing as a “misdemeanour” in Canadian law. The closest equivalent, a summary offence, is a criminal offence under the Criminal Code.
What is considered a felony in Canada?
There is no felony offence in Canada. The Criminal Code instead classifies offences as summary, indictable, or hybrid.
