Mr. Chairman, when I am speaking of summary and indictable, I am talking generally. There are sections in the Criminal Code where the charge is proceeded with summarily or as an indictable offence. In some cases the spectrum of the case can range but not to what one would consider a serious crime. If there is just a way of proceeding as an indictable offence the judge is going to say: "If I proceed as an indictable offence, the penalty I have to give is going to be far too serious for the crime". Therefore in certain sections of the Criminal Code there is the choice of proceeding summarily or on an indictable offence.
It is not left to the judge. It is how the case is laid, either as a summary conviction or as an indictable charge. The judge does not have the discretion. That is decided before it goes to court. It is just a means of asking how best to get a conviction. It is left with the crown prosecutor's office to determine the best way to proceed. Do we try for the higher sentence and end up with nothing or should we go summarily and at least be sure we are going to get a conviction?