Handling Provincial Offence Cases in Ontario 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.
New in this Edition:
Legislative Update
The Enhancing Access to Justice Act, 2024, c.2, amends the Provincial Offences Act and comes into force on April 15, 2026, under Ontario Order in Council 373/2026. The legislation introduces new provisions concerning trials under section 5(1) and (2) of the POA and the procedure for requesting meetings with prosecutors under section 5.1(2) [1].
Case Law Update
York (Regional Municipality) v Tran, 2026 ONCJ 35: The court held that although s. 44 of the Provincial Offences Act does not use the Criminal Code language of “fitness to stand trial,” the inquiry is conceptually similar and focuses on whether the defendant can meaningfully participate in the trial process.
R v McArthur, 2026 SKPC 5: The court accepted that racial profiling may be proven circumstantially and may arise from unconscious bias but found no evidence supporting the allegation on the facts.
Tumino v Toronto (City), 2025 ONCJ 79: The justice of the peace did not err by refusing to hear an unfiled and unserved s. 11(b) Charter delay motion.
R v Sandu, 2026 BCSC 282: The trial judge’s refusal to replay video evidence during cross-examination fell within the court’s discretion to control trial procedure and did not create unfairness or a miscarriage of justice.
R v Matthews, 2026 ONCA 167: The Court of Appeal upheld dismissal of an appeal where the appellant failed to pursue the matter with due diligence for approximately 17 years.
United Counties of S.D.G. v Laing, 2026 ONCJ 120: The justice of the peace was entitled to find the officer’s evidence about testing of the speed-measuring device insufficient and lacking in detail.
