Right to Know: In Ontario, different courts play different roles

[guest]

The courtroom is the natural home of the criminal lawyer. It can often be confusing, however, for justice system participants — be they accused persons, complainants or witnesses — to understand the distinct roles played by the different courts in our criminal system. Often, clients will have heard about the “superior court”; they are less familiar with the provincial court or the Court of Appeal. In Canada, criminal offences are generally divided into two categories: summary conviction offences and indictable offences. Summary conviction matters (somewhat analogous to misdemeanours in the United States) are usually less serious; they carry lower maximum penalties and have a six-month limitation period for prosecution. Indictable offences (think “felonies” in American law) are the more serious offences; they carry higher minimum and maximum penalties and have no limitation period.

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