Indictable offence

An indictable offence is the more serious category of offence under the Criminal Code, carrying higher maximum penalties, up to life imprisonment for the gravest crimes. For many indictable offences the accused may elect the mode of trial: trial in provincial court, trial by a superior court judge alone, or trial by judge and jury, and in some cases a preliminary inquiry is available. A small set of the most serious offences, such as murder, is tried in superior court.

The indictable route brings fuller procedure and more strategic decision points, including elections and re-elections, and appeals go to the provincial court of appeal. Because most Criminal Code offences are hybrid, whether a matter proceeds as indictable often depends on a Crown election, which shapes everything from available penalties to the trial timeline against which delay is measured under R. v. Jordan, 2016 SCC 27.