A first criminal charge is frightening, and the instinct a lot of people have is to make it disappear as fast as possible — show up, plead guilty, pay something, move on. Please don't do that before you understand what you're agreeing to. A guilty plea is fast, but a criminal record is slow to undo, and it can follow you for years.
If you've been charged with something minor, you've probably seen the phrase "summary conviction." Here's what it means, what's genuinely at stake, and where a paralegal fits in.
"Summary conviction" vs. "indictable" — the plain-English version
The Criminal Code sorts offences by how serious they are and how they can be prosecuted:
- Summary conviction offences are the less serious end of the spectrum — simpler procedure, lower maximum penalties.
- Indictable offences are the more serious end — heavier penalties and more formal procedure.
- Hybrid offences can go either way. The Crown prosecutor elects whether to proceed summarily or by indictment, and that choice affects everything that follows — including who's allowed to represent you.
Many of the charges people think of as "minor" — things like theft under $5,000, mischief, or certain assault charges — are commonly prosecuted by summary conviction. But "commonly" isn't "always," which is why the Crown's election matters so much.
Where a paralegal fits — and where a lawyer takes over
In Ontario, a licensed paralegal can represent you on certain summary conviction offences under the Criminal Code — but not all of them. The scope is defined by a specific list of permitted offences maintained by the Law Society of Ontario.
Here's the part that trips people up, and that even some older articles get wrong. For years, the rule of thumb was simple: a paralegal could act where the maximum penalty was six months in jail or less. Then, in September 2019, the federal government's Bill C-75 raised the default maximum penalty for most summary conviction offences to two years less a day. On paper, that change could have pushed most of these matters out of a paralegal's reach overnight.
That's not what happened. To protect access to justice, Ontario stepped in — through a provincial Order in Council and changes to the Law Society's by-laws — to preserve paralegals' ability to act on a defined list of summary conviction offences, even though many of those offences now carry the higher two-years-less-a-day maximum. So the real test today isn't a single penalty number; it's whether your specific offence appears on the Law Society's permitted list. Many everyday charges do — and you can browse the full list on our own scope of practice page.
To make that concrete: the permitted list includes several driving-related offences under the Criminal Code — dangerous operation of a vehicle, failing to stop at the scene of an accident, flight from a peace officer, and operating a vehicle while prohibited (sections 320.13(1), 320.16(1), 320.17 and 320.18(1)). These four had been within a paralegal's scope for years, were briefly pushed out by separate 2018 amendments, and were then deliberately brought back in. A range of other common charges — for example minor theft (theft under $5,000), mischief, and simple assault — can also fall within scope, with one important catch we'll cover next.
There's a second wrinkle worth knowing: hybrid offences. These can be prosecuted as either summary or indictable, and it's the Crown that elects which way to go. Until that election is made on a hybrid charge, the matter may still be on the more serious track, so when a paralegal can step in depends on how the case unfolds. A good paralegal will assess this early and tell you honestly.
And we'll say the same thing here that we say everywhere: if your charge isn't on the permitted list, is indictable, or is serious enough that the stakes are high — a serious assault, anything with immigration consequences, anything carrying real custody exposure — you want a criminal lawyer, and a reputable paralegal will refer you rather than take a file outside their lane.
Why a "minor" charge is still a big deal
It's easy to underestimate a minor charge precisely because it's minor. But a criminal record — even from a single low-level offence — can affect:
- Employment — many jobs require a clean criminal record check, and some won't hire with a record at all.
- Travel — a record can create problems at the U.S. border and with some countries' entry requirements.
- Volunteering and licensing — coaching, working with children or vulnerable people, and many professional licences involve background screening.
- Immigration status — for non-citizens, a criminal conviction can carry consequences far more serious than the sentence itself.
The fine or the sentence is often not the part that hurts most. The record is.
What the process actually looks like
Knowing the road ahead takes some of the fear out of it. A typical minor matter moves roughly like this:
- The charge and first appearance. Your first court date is not a trial, and you do not plead guilty or not guilty there. It's an administrative step to get the process moving.
- Disclosure. You're entitled to receive the prosecution's evidence — the police notes, witness statements, and other materials. Nothing should be decided before this is reviewed.
- Crown pre-trial / resolution discussions. This is where a lot of minor matters are actually resolved through negotiation.
- Resolution or trial. Depending on the case, possible outcomes can include a withdrawal of the charge, a diversion or accountability program, a peace bond, a negotiated plea, or a trial.
The single most important takeaway: a first appearance is the start, not the deadline. You have time to get advice and review the evidence before making any decision that creates a record.
Don't plead to "get it over with"
The pressure to resolve a charge quickly is real, and it's understandable. But pleading guilty to end the stress can trade a few weeks of inconvenience for years of consequences. There may be options to have a charge withdrawn, resolved without a record, or reduced — but only if someone looks at the evidence and the circumstances first.
That's the value of getting advice early: not to drag things out, but to make sure the fast option isn't quietly the worst one. (If you're still weighing whether you even need representation, start with what a paralegal does and when to hire one.)
Facing a minor charge and not sure what you're dealing with? Talk to Point Duty before your court date. We'll review the charge, explain whether it's within a paralegal's scope or needs a lawyer, and walk you through realistic options — honestly, and usually at no cost for the first consultation.
— Point Duty Traffic Court Defence & Legal Services
This article is general information about Ontario law and is not legal advice. Whether a paralegal can act on a given charge depends on whether the offence is within a paralegal's permitted scope and, for hybrid charges, the Crown's election. If you've been charged, speak with a licensed paralegal or a criminal lawyer about your specific situation as soon as possible.