Mr. Chair, the answer to that question is found in a combination of reading of articles 108.07 and 108.17 of the Queen's regulations and orders, and the short answer is this. Except for five minor offences for which the accused is not entitled to an election, for every other charge in respect of an offence over which the summary trial has jurisdiction, and that list is set out in 108.07, the accused must be offered an election. Even if, in respect of the five most minor offences, the presiding officer considers that he or she would be likely to impose a punishment beyond a certain threshold in the event that they were to find the person guilty on the facts as alleged, then they must offer the person an election as well. That threshold really has regard to the concept the Supreme Court of Canada elaborated in the Wigglesworth case of what's called the “true penal consequence”. In other words, to make a long story short, except in respect of the most minor offences that are punishable by the most minor punishments, the accused is always offered an election.
On March 4th, 2013. See this statement in context.