Summary Conviction Offences

 

Summary conviction offences are less serious criminal offences with lower maximum penalties and simpler procedures and may include:

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• Causing a disturbance;

• Trespassing-related criminal matters;

• Certain mischief or minor assault-related allegations;

• Fail to comply offences (context-specific);

 

These matters are typically resolved more quickly and often fall within the scope of licensed paralegal representation, depending on the charge and penalty exposure.

 

Indictable Offences

 

Indictable offences are more serious criminal charges and may involve higher maximum penalties, more complex procedures, preliminary inquiries or higher Courts, and can include:

 

• serious assaults;

• theft over;

• fraud over;

• weapons offences; and

• other serious allegations

 

Licensed paralegals are not permitted to represent clients on indictable offences. In such cases, you will require representation from a criminal a lawyer.

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Hybrid Offences

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Hybrid offences are the most common type of criminal charge. The Crown may choose to proceed either summarily, or by indictment.

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The Crown will elect which way they will go during the preliminary stages.  This election significantly affects procedure, penalties, and whether a licensed paralegal can act. If the Crown proceeds summarily, paralegal representation is likely permitted. If the Crown proceeds to proceed by indictment, aparalegal will be required to go off record and a lawyer would be required.

 

Early legal review is critical to determine if/when the Crown has elected or will elect, and what representation options are available to you.

 

Paralegal Scope of Practice in Criminal Matters

 

Ontario Licensed paralegals are regulated by the Law Society of Ontario ("LSO") and may represent clients in criminal matters where the offence is summary conviction and the maximum penalty does not exceed our permitted scope of practice.

 

Within scope, we may assist with:

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• Summary conviction criminal charges;

• Hybrid offences where the Crown proceeds summarily;

• Provincial Offences Act matters with criminal consequences;

• Early-stage procedural issues and resolutions;

• Guidance before election;

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We do not represent clients on indictable offences or matters that exceed paralegal scope. Where a matter falls outside our scope, we will advise you clearly and promptly.

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Disclosure: A Critical Step in Your Defence

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Criminal disclosure refers to the evidence the Crown intends to rely on, and includes:

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• Police notes and reports;

• Witness statements;

• Audio or video recordings;

• Photographs and exhibits;

• More...

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Reviewing disclosure properly is essential. Many self-represented individuals underestimate its importance or misunderstand its contents.

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We can assist clients by:

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• Requesting and reviewing disclosure for completeness and relevance;

• Identifying evidentiary gaps or weaknesses;

• Explaining how disclosure affects possible defences;

• Assessing resolution options based on the evidence;

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Early disclosure review often shapes the entire defence strategy.

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Risks of Self-Representation in Criminal Matters

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Criminal proceedings are adversarial and technical. Self-represented defendants often face risks such as:

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• Making admissions during court appearances;

• Missing opportunities for early resolution;

• Failing to request or review disclosure properly;

• Misunderstanding court procedures and timelines;

• Underestimating the long-term impact of a conviction;

 

Judges and Justices of the Peace must remain neutral. They cannot provide legal advice or protect you from strategic mistakes.

 

How Our Firm Can Help

 

If your matter falls within paralegal scope, we can provide:

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• Early case assessment and confirmation of scope determination;

• Explanation of charges and potential consequences;

• Disclosure review and strategic guidance;

• Representation at appropriate court appearances;

• Resolution-focused advocacy where appropriate;

• Clear communication and realistic expectations;

 

If your matter requires a lawyer, we will say so, promptly and transparently, and may be able to assist you with referrals or limited-scope support where permitted.

 

Take Action Early

 

The early stages of a criminal charges often present the best opportunity to protect your rights and limit long-term consequences. Understanding the type of offence you are facing, and the representation options available, is critical.

 

Book today to discuss your charge(s), confirm whether it falls within licensed paralegal scope, and determine the best path forward.