Criminal Code proceedings are commenced by laying an information under oath alleging the commission of an offence. The same procedure applies whether the offence charged is an indictable or hybrid offence or a summary conviction offence.
In a Criminal Code information that charges indictable offences (subject to an exception) any number of indictable offences may be included, provided each is contained in a separate count.
See s. 789(1)(b) of Criminal Code.
Likewise, the Criminal Code expressly permits the inclusion of several summary conviction offences in separate counts in a single information.
See s. 591 (1) of Criminal Code.
The Criminal Code contains no provision that expressly permits or prohibits joinder of indictable and summary conviction offences as separate counts in the same information.
Offences charged in separate informations must be capable of being joined in a single information before a single trial on those separate informations may be conducted. Further, the joinder must be in the interests of justice.
R. v. Clunas, 1992 CanLII 127 (SCC),