An election is a choice that is given to the Crown, or an accused person when there is an allegation of a serious crime.
A Crown election happens when you are charged with a hybrid offence. The Crown will elect to prosecute your case summarily, or by indictment.
If you are charged with an indictable offence, or a hybrid offence that the Crown is prosecuting by indictment, you have an election to make. You can choose to have your trial in the:
- Ontario Court of Justice before a judge,
- Superior Court of Justice before a judge, or
- Superior Court of Justice before a judge and jury.
Making this choice is referred to as making an election. If you elect to have your trial in the Superior Court of Justice you can also choose to have a preliminary hearing in the Ontario Court of Justice.