ONTARIO (CN) - PROVINCIAL OFFENCES PROCEDURE - AN ANALYSIS AND EXPLANATION OF LEGISLATIVE PROPOSALS - THE PROVINCIAL OFFENCES ACT, 1978, AND THE PROVINCIAL COURTS AMENDMENT ACT, 1978

• NCJ Number: 46936
• Author(s): ANON
• Date Published: 1978
• Length: 103 pages
• Sale Source: National Institute of Justice/; Ontario Ministry of the Attorney General
• Language: English
• Country: Canada

Annotation

STATUTES DESIGNED TO SIMPLIFY PROCEDURES FOR HANDLING TRAFFIC OFFENSES AND OTHER RELATIVELY MINOR OFFENSES ARE ANALYZED.

Abstract

THE PROVINCIAL OFFENCES ACT OF 1978 CREATES A PROCEDURAL FRAMEWORK STRESSING CONVENIENCE, CLARITY, EFFICIENCY, AND SIMPLICITY, AND DEEMPHASIZING FORMAL COURT APPEARANCES, TECHNICAL AND ADVERSARIAL PROCEDURES, AND THE CEREMONIAL TRAPPINGS THAT PERMEATE EXISTING PROCEDURES. FUNDAMENTAL TO THE STATUTE'S APPROACH IS THE REALIZATION THAT PROVINCIAL OFFENSES ARE NOT HOMOGENEOUS. PROVINCIAL OFFENSES RANGE FROM MINOR TRAFFIC OFFENSES TO OFFENSES CARRYING PENALTIES OF UP TO 5 YEARS IN PRISON. OF OFFENSES BROUGHT TO COURT, 90 PERCENT ARE TRULY MINOR, REGULATORY OFFENSES FOR WHICH THE PENALTY IS A FINE UNDER $250. THE STATUTE ISOLATES THESE CASES FROM THE REMAINING 10 PERCENT (E.G., ENVIRONMENTAL PROTECTION OFFENSES, SERIOUS CONSTRUCTION SAFETY VIOLATIONS. SERIOUS DRIVING OFFENSES, ETC.) WHICH DO REQUIRE THE STRICTURES OF CRIMINAL PROCEDURE. THE ACT CREATES A NEW PROVINCIAL OFFENSES COURT, SIMPLIFIES PROSECUTION AND APPEALS PROCEDURES FOR MINOR OFFENSES, AND SUBSTITUTES A FINE COLLECTION SYSTEM FOR THE PRACTICE OF JAILING PERSONS FOR FAILURE TO PAY FINES IMPOSED FOR MINOR OFFENSES. THESE AND OTHER PRINCIPAL FEATURES OF THE ACT ARE DISCUSSED; SECTION-BY-SECTION EXPLANATIONS OF THE PROVISIONS OF THE ACT AND OF THE RELATED STATUTE THAT CREATES THE PROVINCIAL OFFENSES COURTS ARE PRESENTED. (LKM)