Yes, but the point is this. When people are charged in Canada, they can be charged by way of summary conviction or by way of indictment. If they're charged by way of summary conviction for the same offence—assault, for example, by summary conviction—or by indictment.... If there's an offence that's punishable by ten years of imprisonment that can be prosecuted by way of summary conviction or by way of indictment, the prosecutor makes that decision. Usually they make that decision based on the person's prior history, based on the specific facts of the case, and based on what they think an appropriate sentence may be in the long run.
On October 17th, 2006. See this statement in context.