The LCO recommends that:
1. The treatment of young persons charged with provincial offences under the POA be the subject of further review, and that such review take into consideration the unique consideration given to young persons under the federal Youth Criminal Justice Act and legislation in other jurisdictions that create unique procedures for young persons charged with provincial offences.
2. The provincial government, in consultation with the federal government, undertake a review of the application of the POA in relation to Aboriginal people, and in particular, consider strategies to allow local communities to offer culturally appropriate ways to help Aboriginal people better respond to the provincial offences justice system.
Maintaining a POA
3. Given the distinctions between regulatory offences and criminal offences, a separate procedural code for the prosecution, enforcement and sentencing of provincial offences should remain in place, separate and apart from the Criminal Code procedure.
Purpose of POA
4. The purpose section of the POA be amended to advance a procedure for the trial or resolution of provincial offence cases that is:
a. proportionate to the complexity and seriousness of the provincial offence;
e. responsive to the offence-creating statute’s objective; and
f. reflective of the distinction between provincial offences and criminal offences.
Restructuring the POA
5. The POA be significantly restructured to strip it of its detailed procedural code with only the necessary foundational, jurisdictional and offence-creating provisions remaining and that are necessary to permit the POA regime to operate.
6. The POA continue to prescribe different streams for the commencement of POA proceedings (i.e., Part I for less serious offences and Part III for more serious offences).
7. The four different sets of POA Rules and forms be consolidated into a single set of rules, a single regulation or other appropriate subordinate authority.
8. New subordinate authority prescribe a simplified and complete procedural code for the fair, accessible, most efficient trial, appeal or resolution of a POA proceeding based on the stream in which the proceeding is commenced. In particular, simplified trial rules be established for Parts I offences, and separate more comprehensive trial rules established for Part III offences. Further specialized and proportionate rules may be developed as necessary for the most common types of POA offences or for those offences that are unduly complex or would benefit from specialized rules that further the POA’s objectives.
9. The Ministry of the Attorney General, in consultation with municipalities, develop simple, plain language procedural guides for POA defendants that are accessible on the Ministry of the Attorney General’s website and at all POA court locations.
10. The Attorney General and the Chief Justice of the Ontario Court of Justice jointly agree on how the newly updated POA procedural code should be established and by whom, after consultation with the Criminal Rules Committee, the Chief Justices of the other levels of Court and municipalities who now have carriage over POA prosecutions and courts administration.
11. Amend section 70(2) of the Courts of Justice Act, accordingly, to relieve the Criminal Rules Committee of jurisdiction to make POA rules and identify the new body or entity responsible for developing the newly updated POA procedural code.
Administrative Monetary Penalties
12. Within two years, the POA be amended to remove the prosecution of Part II parking infractions in the Ontario Court of Justice.
13. Within two years, each municipality (or jointly with other municipalities or Municipal Partners) adopt and implement a by-law for administrative penalties to enforce by-laws relating to the parking, standing or stopping of vehicles, including by-laws relating to disabled parking.
14. Amend O. Reg. 333/07 under the Municipal Act to permit administrative penalties for the enforcement of by-laws establishing systems of disabled parking.
15. Increase the monetary limit for administrative penalties in section 6 of O. Reg 333/07 from $100 to $500, or such other amount as is necessary to permit enforcement of disabled parking by-laws through AMPS systems.
16. Each municipality and relevant government Ministries, including the Ministry of Transportation, immediately assess operational challenges to the successful implementation of an AMPS regime for parking enforcement (such as any required IT infrastructure), and put in place a plan to resolve those challenges within two years. Consultation with municipalities who have already implemented an AMP system may assist in overcoming any operational challenges.
17. The Ontario government conduct a review of minor provincial offences most typically commenced as Part I proceedings, and in particular, minor Highway Traffic Act offences currently prosecuted under Part I, to assess which offences may be better enforced under an AMPS system. This review should consider, among other legal, policy and operational considerations:
a. the most common offences currently prosecuted under Part I, their volume, and associated court and judicial resources required to dispose of these offences as compared to an AMPS regime;
b. the effectiveness of AMP regimes for other minor offences;
c. the nature of the offence (i.e., whether it is a strict or absolute liability offence), and whether due diligence defences could or should be maintained in an AMPS regime through appropriate guidelines to the administrative hearing officer;
d. the proposed penalty under an AMP regime and whether it would be punitive or give rise to the potential of imprisonment;
e. whether the potential circumstances giving rise to the offence could potentially lead to allegations of infringements of Charter or other rights, and if so, how might those allegations be dealt with under an AMPS regime;
f. operational issues that would hamper the ability to transition the offence into an AMPS regime; and
g. the merits of maintaining two separate and distinct systems for the resolution of the same provincial offences currently prosecuted under Part I (e.g., an AMPS system and a POA court-based system).
18. The Ontario government, in consultation with First Nation communities, consider the legal and policy implications of expanding the definition of “municipality” within the Municipal Act to permit by-laws enacted by a First Nation band under the federal Indian Act to be enforced through an AMPS regime.
19. The POA be amended to provide a statement of sentencing principles of general application that shall be used by the court as guidelines when sentencing offences commenced under Part III, subject to other or different sentencing principles or provisions prescribed in the offence-creating statute.
20. Where necessary given the unique circumstances of a case and the interests of justice, the court may consider the sentencing principles for Part I offences and render a remedial, rehabilitative or denunciatory sentence where appropriate.
21. The statement of sentencing principles should includes the following five hierarchical steps:
(i) Parties should be encouraged to submit joint submissions on aggravating and mitigating factors as well as the sentence to be imposed (“joint submissions”);
(ii) Impose a sanction that remedies the violation, to the extent that such a sanction is possible and reasonable (“remediation”);
(iii) If the offender is likely to continue to engage in the regulated activity after sentencing, but the offender’s behaviour must change to prevent future breaches, impose a sanction that promotes the changes necessary to prevent future violations (“rehabilitation”).
(iv) Impose a sanction that promotes change in the behaviour of other persons (e.g., dissuade others from committing the same or similar offence), but only if the court believes that that it could serve a regulatory objective and where the remedial and rehabilitative sanctions are insufficient given the circumstances of the case (“general deterrence”);
(v) Impose a sanction that