General

The Criminal Code of Canada and the Controlled Drugs and Substances Act are both federal laws, rather than provincial. Only a law passed by the Parliament of Canada can make something a "crime" in Canada.

There are other things that may be required or prohibited by different laws (like provincial laws about speeding or local bylaws requiring you to keep your dog on a leash) but these are not considered "crimes". If you are convicted of one of these other offences, you will usually have to pay a fine (often given through a "ticket"). In some cases, jail time can be ordered, including sometimes if you do not pay a fine required by the law. A conviction for one of these offences does not result in a criminal record.

See also Does My Community Have Jurisdiction Over Criminal Law.

Indictable offences are the most serious offences in the Criminal Code. They include things like murder, kidnapping for ransom, robbery causing death or serious injury by dangerous driving, or aggravated assault. The punishment for an indictable offence depends on the offence and on the circumstances but if you convicted of an indictable offence there is a good chance you will receive a jail sentence. There is no limitation period for indictable offences, meaning police can charge you years after an incident occurred.

Summary conviction offences are less serious and there are not very many of them in the Criminal Code. Some examples are creating a disturbance, joyriding, making a false statement or offences involving lotteries. A person cannot be charged with a summary conviction offence more than six months after it occurred and the maximum punishment is almost always a fine of up to $5,000, a jail term of less than 2 years, or both.

Most offences in the Criminal Code are hybrid offences (sometimes called "dual" or "Crown election" offences"). They can be treated as either summary conviction or indictable offences and it is up to the Crown Prosecutor to decide. Sometimes you will know right away whether they are choosing summary or indictable. Other times they may need more time to make their decision. The decision often depends on the seriousness of the circumstances of the offence and whether you have a criminal record, especially for similar offences. Until the Prosecutor makes their decision, hybrid offences are treated as indictable.

Examples of hybrid offences include assault, theft and impaired driving. If treated as indictable, the maximum punishment will depend on the offence. If treated as a summary conviction offence, the maximum punishment is almost always a fine of up to $5,000, less than 2 years in jail, or both.

There are three levels of court in Saskatchewan. Provincial Court is the first level and all criminal charges begin here. The Court of King's Bench is the second level. The Court of King's Bench handles more serious criminal trial matters, some bail matters and appeals of summary conviction matters from Provincial Court. The Court of Appeal is the third level. This court only handles appeals, either of indictable matters from Provincial Court or appeals from the Court of King's Bench.

If you are charged with a summary conviction offence or a hybrid offence being treated as summary, the whole case will be in Provincial Court. 

If you are charged with an indictable offence or a hybrid offence being treated as indictable, it depends on the specific offence. It may automatically be in Provincial Court or you may be able to choose where you have your trial. If you get the choice, you can choose:

• Provincial Court
• Court of King's Bench with a judge
• Court of King's Bench with a judge and jury

If you choose the Court of King's Bench, you may also choose to have a preliminary hearing in Provincial Court.