I'm not an expert in criminal law convictions—we deal with the Export and Import Permits Act and other things—but I can say that it would be up to the prosecutor whether or not to bring an indictable offence. Presumably, if the offence was beyond the scope of the summary conviction maximum, it would be brought as an indictable offence. They would make the argument that there is a reason we brought this as an indictable offence rather than as a summary conviction, and the maximum for summary conviction could be one of the elements as to why it was appropriate to bring it as an indictable offence. Jail time could be another factor.
On October 17th, 2017. See this statement in context.