* Citations and the full text of the recommendations are not included in this Executive Summary. We direct the reader to the Interim Report for citations and the full text of recommendations made.
——————————————————————————–
[1] Provincial Offences Act, RSO 1990, c P 33 [hereafter POA]. For a detailed description of those provisions or for supplementary reading on the POA, see Sheilagh Stewart, Stewart on Provincial Offences Procedure in Ontario, 2nd ed (Salt Spring Island, BC: Earlscourt Legal Press Inc, 2005). Be aware that there have been amendments to the POA since the publication of this edition of the book.
[2] Douglas Drinkwalter & Douglas Ewart, Ontario Provincial Offences Procedure (Toronto: The Carswell Company Limited, 1980) at iii.
[3] Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
[4] Criminal Code, RSC 1985, c C-46.
[5] Rick Libman, Libman on Regulatory Offences, looseleaf (Salt Spring Island: BC Earlscourt Legal Press Inc, 2002).
[6] Todd Archibald, Kenneth Jull & Kent Roach, Regulatory and Corporate Liability: From Due Diligence to Risk Management, looseleaf (Aurora, Ont: Canada Law Book, 2008) at 15-1; David Potts, “Municipal Systems of Administrative Penalties” in Creating and Enforcing Municipal By-Laws (Toronto: Canadian Institute, 2008). In his paper, David Potts identifies 21 existing or proposed administrative penalty systems for the enforcement of Ontario statutes.
[7] John Swaigen, Regulatory Offences in Canada: Liability and Defences (Toronto: Carswell, 1992) at xxxv.
[8] Ontario, Working Group for Provincial Offences Act Streamlining Review, Provincial Offences
Act Streamlining Review: Consultation Paper (Toronto: Working Group for POA Streamlining, 29
January 2009), online: Law Society of Upper Canada
<www.lsuc.on.ca/media/apr0109_poa_streamlining_consultation.pdf>.
[9] The Good Government Act, 2009, SO 2009, c 33, Schedule 4 (Bill 212) made numerous amendments to the Provincial Offences Act.
[10] Youth Criminal Justice Act, SC 2002, c 1.
[11] POA, note 1, s 9 and 54.
[12] Based on information provided by Chief of Police John Domm, Rama Police Services on March 19 2010, enforcement agencies perceived to have a high proportion of provincial offence charges laid against aboriginal people are: OPP Lac Seul First Nations, Treaty 3 Police-Kenora, Anishinabeck Police Service, OPP Wikwemikong First Nation, OPP UCCM, Thunder Bay City and Thunder Bay Police Force.
[13] Ministry of the Attorney General, Court Services Division, ICON Database (statistics), Number of Charges Disposed by Disposition Outcome, Ontario Court of Justice, Provincial Offences Act, Parts I & III, Values by Select Charging Agencies Combined, 2007 – 2009 [April 1 2010, unpublished].
[14] Ministry of the Attorney General, Court Services Division, ICON Database (statistics), Number of Charges Disposed by Disposition Outcome, Ontario Court of Justice, Provincial Offences Act, Parts I & III, Values by Select Regions, 2007 – 2009 [March 30 2010, unpublished].
[15] Government of Ontario, Backgrounder, “Aboriginal Community Justice Programs” (January 26, 2009), online: Ontario Ministry of the Attorney General <www.attorneygeneral.jus.gov.on.ca/english/news/2009/20092601-acj-bg.asp>.
[16] Department of Justice Canada, “The Aboriginal Justice Strategy” (February 24, 2010), online: Department of Justice <www.justice.gc.ca/eng/pi/ajs-sja/index.html>.
[17] Although opportunities to take advantage of the existing programs for Aboriginals should be examined. The same is true of any consideration of the young person provisions of the POA.
[18] The LCO is indebted to the Honourable Mr. Justice Rick Libman and Kenneth Jull for identifying a number of these trends in conversations with the LCO.
[19] R v Wholesale Travel Group Inc, [1991] 3 SCR 154, 1991 CarswellOnt 117 at para 150 (SCC) (WLeC).
[20] For a detailed review of the Charter’s application to the POA see Libman, note 5 at c 10.
[21] Lavallee v. Alberta (Securities Commission), [2010] AJ No 144 (CA) [hereafter Lavallee].
[22] An Act to Amend the Criminal Code (Sentencing) and Other Acts in Consequence Thereof, SC 1995, c 22 amending RSC 1985, c C-46.
[23] An Act to amend the Criminal Code (Criminal Liability of Organizations), SC 2003, c 21 amending RSC 1985, c C-46.
[24] Public Health Act, SBC 2008, c 28.
[25] R. v. Sault Ste. Marie (City), 1978 CanLII 11, 1978 CarswellOnt 24, (SCC) (WLeC).
[26] Libman, note 5 at 1-5 to 1-6.
[27] Securities Act, RSO 1990, c S5, s 122.
[28] Environmental Protection Act, RSO 1990, c E. 19, s 187 [hereafter EPA].
[29] Todd Archibald, Kenneth Jull & Kent Roach, Regulatory and Corporate Liability: From Due Diligence to Risk Management, looseleaf (Aurora, Ont: Canada Law Book, 2008) at INT-4.
[30] Archibald, Jull & Roach, note 6 at 15-1 (the authors note that the administrative system is thought to be less expensive than regulatory trials).
[31] Municipal Act, 2001, SO 2001, c 25 at s 102.1.
[32] Potts, note 6. In his paper, David Potts identifies 21 existing or proposed administrative penalty systems for the enforcement of Ontario statutes. A search of e-laws using “administrative /3 penalty and administrative /3 penalties results in a listing of 21 statutes and some statutes, such as the Environmental Protection Act, may set up an AMP system and call it something different. The Environmental Protection Act creates a monetary penalty that it calls an environmental penalty.
[33] City of Vaughan, by-law No 156-2009, A By-Law to Further Amend Parking By-Law 1-96, as amended, to provide for a system of administrative penalties and administrative fees, (30 June 2009) [hereafter Vaughan AMP By-law].
[34] POA, note 1, ss 162 and 165.
[35] Law Society Act, RSO 1990, c L 8.
[36] By-Law 4, s 6(2), made under s 62 of the Law Society Act, RSO 1990, c L 8.
[37] Ontario, Paralegal Rules of Conduct, online: Law Society of Upper Canada <http://www.lsuc.on.ca/with.aspx?id=1072>.
[38] Law Reform Commission of Ontario, Report on the Administration of Courts (Toronto: Law Reform Commission of Ontario, 1973) Part I at 17.
[39] Ministry of the Attorney General, Ontario Court Services Division, ICON Database (statistics) [unpublished]. The “date of first hearing request” is the date that the notice of intention to appear in court or the date on the summons is entered into the database. These numbers exclude prepaid fines and fail to respond.
[40] Conversation with Barry Randell, Director, Court