A hybrid offence gives prosecutors a choice of procedure. The Interpretation Act says that an offence which may be prosecuted by indictment is deemed indictable, and that a conviction on summary conviction for such an offence does not count as a conviction for an indictable offence (Justice Laws, Interpretation Act s. 34).
The Controlled Drugs and Substances Act uses this structure for Schedule III substances such as psilocybin. Possession is punishable by up to three years on indictment, or on summary conviction a fine of up to $1,000 or six months for a first offence; trafficking and production carry up to ten years on indictment or 18 months on summary conviction (Justice Laws, CDSA).
Federal prosecutors decide which route to take. The Public Prosecution Service of Canada guideline says Crown counsel has discretion to proceed summarily or by indictment in hybrid offences and should generally elect before the accused enters a plea (PPSC Deskbook). The choice sets which maximum applies. Not legal advice.
General information, not legal advice.
Sources
- Justice Laws: Interpretation Act section 34
- Justice Laws: Controlled Drugs and Substances Act
- PPSC Deskbook: Crown elections in hybrid offences
Last checked .