A summary conviction offence is the less serious category of criminal offence in Canadian law. Pure summary conviction offences — such as causing a disturbance (section 175) and trespassing at night (section 177) — can only be prosecuted by summary conviction and carry lower maximum penalties than indictable offences.
For summary conviction offences, the general maximum sentence is two years less a day imprisonment and/or a $5,000 fine, unless the specific offence provision states otherwise. All summary conviction proceedings are heard in the Ontario Court of Justice — there is no right to a preliminary hearing or a jury trial. Summary conviction offences also have a limitation period: the Crown must lay the charge within 12 months of the date of the alleged offence (though this limitation period has been extended or eliminated for certain offences).
The summary conviction classification affects many aspects of the case. Fingerprinting is not required for pure summary conviction offences. The accused is less likely to be detained in custody pending trial. And the range of sentences tends to be lower, with discharges and non-custodial sentences more readily available. However, a summary conviction still results in a criminal record upon conviction.