What is a "hybrid offense"?

A hybrid offense refers to a type of crime that can be prosecuted in two different ways: as a summary conviction or as an indictable offense. This flexibility allows the Crown prosecutor to determine the appropriate level of severity for the case, taking into consideration factors such as the circumstances of the crime, the offender's history, and societal interests.

In the Canadian legal system, summary offenses are typically less serious, carrying lighter penalties, while indictable offenses are more serious and can result in harsher sentences. The ability to choose between these two approaches allows for a more tailored response to criminal behavior and aims to balance justice for both the victim and the accused.

This distinction is important in Canadian criminal law because it reflects the principle of proportionality in sentencing and provides a mechanism for the judicial system to manage cases based on their specifics.