The Crown has the power of election on hybrid criminal offences. A hybrid offence is an offence defined in the Criminal Code as having both summary and indictable classes of punishment. Hybrid offences are deemed to be indictable until the Crown elects to proceed summarily.
R. v. Marr, 2005 NSCA 73 at para. 20; R. v. Dudley 2009 SCC 58 at para. 21