Part of the Canada Practice Guides Criminal Series
This text provides systematic guidance for defending and prosecuting provincial offence cases in Ontario, ranging from driving offences to complex occupational health and safety violations and environmental protection infractions. Separate chapters cover mens rea offences, strict liability offences and absolute liability offences including the scope of liability and corporate responsibility.
NEW IN THIS EDITION
Provincial Offences Act Forms are amended by O.Reg 291/16. The amended regulation provides for certificates of offence and offence notices to be used when the owner of a vehicle is charged under s.175(19) or (20) of the Highway Traffic Act (duty of drivers when school bus stopped), and the proceedings are based on evidence obtained through the use of a camera system.
Case Law Update:
- R. v. Sciascia, 2016 ONCA 411 - a joint trial of the Criminal Code summary conviction information and the Provincial Offences Act information amounted to a procedural irregularity. However, there was no prejudice to the due administration of justice as a result.
- York (Regional Municipality) v Wadood, 2017 ONCA 45 - a police officer is entitled to change the information on the certificate of offence after giving the offence notice to the motorist, but before filing the certificate with the court.
- R. v. A.E., 2016 ONCA 243 - given the defendant’s mental illness and its detrimental effect on the defendant’s ability to earn an income to pay the total fines of $17,000, it was in the interests of justice that the total amount of the fines be reduced, so as to give him the opportunity to pay the reduced fines and move on with his life. The fines were reduced to $5,000.
- R. v. Madussi, 2016 ONCJ 309 - the Justice of the Peace cannot take judicial notice of the operation of a traffic light, namely, that if the light on one street is green, the light on the crossing street will be red, as this does not allow for instances such as mechanical failure or blown out bulbs.
- Oshawa (City) v. 536813 Ontario Ltd., 2016 ONCJ 287 - there was a total delay of 26 months after the charge was laid until the end of the trial. Given the complexity of the constitutional issues, along with the societal interest in having the matter heard on the merits, an institutional delay of approximately one year was at the outer boundaries of, but nonetheless within, an acceptable time frame.