Lawyers for Provincial Offences Act and Regulatory Offences
In Ontario, there are thousands of laws enacted under provincial legislation that often takes a very similar form in procedure and consequences as Criminal Code offences and a typically prosecuted under the Provincial Offences Act which carries consequences of fines, probation, or imprisonment.
There is a misconception that Provincial Offences are not as serious as criminal offences; however, this is only true in some contexts. It is not uncommon for Provincial and regulatory offences to carry much greater punishment and fines that those associated with typical Criminal Code charges. Even when these charges relate to corporations, there may still attach a certain stigmatization for the company that can come back and cause significant problems in the future. Although many companies will approach a charge on a cost benefit analysis, this may be short sighted and in the end cost the corporation more money in the end.
Having the advice of an experienced lawyer can assist you or your company in determining what is an appropriate resolution and what ought to be challenged vigorously.
Regulatory offences include, but are not limited to, those offences under the Liquor Licence and Liquor Control Act, the Highway Traffic Act, the Occupational Health and Safety Act, the Environmental Protection Act, the Police Services Act, etc.
You can search the Ontario government website for laws and statues that may apply to your case here
DISCLAIMER: Every criminal case is unique and every case has it’s own challenges. Past acquittals, withdrawals, or other favourable results our lawyers have achieved for our clients in Provincial Offences and regulatory cases does not mean the same result can be obtained for present or future clients. We look at each case with it’s own unique characteristics and fashion our approach on the individual, not the crime itself.
- R.v. E.P. Inc.(Occupational Health and Safety) Charges: Failure to Properly Train, Failure to Provide a Safe Work Environment. Allegations: A worker in the course of employment had cut off a finger while using a band saw. Result: All charges withdrawn
- R. v. S.L.(Highway Traffic Act Offences Act) | Charges: Speed Racing / Stunting| Allegations: 151 km/h in a 150km/h zone. | Result: Speed Racing charge withdrawn. Client pleads to simple speeding offence of 49 km/h over.
- R. v. M.R(Provincial Offences Act / Municipal By-Law). Charges: Dog Unleashed in a Public Area (City of Whitby Municipal By-Law) | Allegations: German Shepherd accused of being at large without a leash. | Result: Charges dismissed – Information Quashed after motion brought by defence
- R. v. P.L.(Highway Traffic Act Offences Act) | Charges: Speed Racing / Stunting| Allegations: 151 km/h in a 150km/h zone. | Result: First trial adjourned as a result of Crown refusing defence to use lap top computer. Case returned after apology from Crown. Speed Racing charge withdrawn. Client pleads to simple speeding offence of 49 km/h over.
- R. v. C.R.| Charges: Trespassing (Trespass to Property Act). Allegations: Accused of not leaving a parking lot when directed to do so by a security guard. | Result: Charges dismissed
- R. v. M.J.| Charges: Careless Driving (Highway Traffic Act) | Allegations: 17 year old in Kingston accused of running through red light, driving erratically, and speeding. Followed by a police dispatcher to home. Result: Not guilty