Criminal & Provincial Offences Defence

Criminal offences generally arise under the Criminal Code and other federal legislation and are prosecuted through the criminal courts. Provincial offences arise under Ontario legislation and regulations and are generally prosecuted using the procedures established by the Provincial Offences Act. Depending on the offence, potential consequences may include fines, probation, licence consequences, regulatory consequences or, in some cases, imprisonment. The applicable procedure and potential consequences depend on the particular charge.

A lawyer can review the allegations and disclosure, explain the charge and possible consequences, identify legal and evidentiary issues, communicate with the Crown, advise about available options and provide representation throughout the court process. The appropriate defence strategy depends on the particular facts, evidence and law applicable to the case.

A person who is arrested or detained has constitutional rights, including the right to retain and instruct counsel without delay and to be informed of that right. The legal obligations and rights that apply during an interaction with police can depend on the circumstances. A person who has been arrested or detained should obtain legal advice concerning their particular situation.

A bail hearing, also known as a show cause hearing, addresses whether an accused person will be detained or released while the criminal proceeding is pending and, if released, what conditions will apply. Bail decisions are governed by the Criminal Code and the applicable constitutional principles. The issues considered by the court depend on the circumstances of the particular case.

Disclosure is the information and evidence provided by the prosecution to the accused in connection with the criminal proceeding. Depending on the case, disclosure may include police notes and reports, witness statements, photographs, video or audio recordings, expert or forensic material and other relevant evidence. Reviewing the disclosure is an important part of assessing the prosecution’s case and preparing a defence.

A peace bond is a court order requiring a person to keep the peace and be of good behaviour for a specified period and may include additional conditions. A peace bond is not itself a criminal conviction. The circumstances in which a peace bond may be sought or agreed to, and its relationship to any outstanding criminal charge, depend on the particular proceeding.

The consequences depend on the particular provincial offence. They may include fines and, where authorized by the applicable legislation, consequences such as licence suspensions, demerit points, probation or imprisonment. A conviction may also have regulatory, professional, insurance or other consequences depending on the offence and the person’s circumstances. The potential consequences should therefore be considered in relation to the specific charge.

Yes. The Residential Tenancies Act, 2006 creates offences in relation to certain prohibited conduct by landlords and other persons. Provincial offence proceedings arising from alleged contraventions of Ontario legislation are generally prosecuted using the procedural framework established by the Provincial Offences Act. The specific offence, available defences and potential penalties depend on the allegations and applicable statutory provisions. Residential Tenancy Law for Landlords