Fighting Provincial Offences Charges: Various Cases Within Provincial Courts | DefendCharges.ca
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Fighting Provincial Offences Charges: Various Cases Within Provincial Courts


Question: Are provincial offence allegations considered criminal charges in Canada?

Answer: Provincial offences, while prosecuted by a state representative like criminal cases, are deemed quasi-criminal. These violations of regulatory laws aim to protect society, but unlike criminal charges, convictions do not result in a criminal record. However, they may still carry significant penalties. Ensure robust defence with knowledge of the Provincial Offences Act, R.S.O. 1990, c. P.33. For guidance, consider consulting with DefendCharges.ca to safeguard your rights and navigate the legal nuances effectively.


Provincial Offence Allegations as Being Charges Considered as Quasi-Criminal Matters

Fighting Provincial Offences Charges: Various Cases Within Provincial CourtsProvincial offences are quasi-crimes or regulatory offences in that they are violation of laws enacted to regulate individual conduct for the protection of society as a whole and they are prosecuted by a Prosecutor as an agent of the state, meaning as a representative of the people; however, unlike criminal offences, upon conviction of a provincial offence a person avoids establishing a criminal record.  With this said, although conviction for a provincial offence fails to establish a criminal record, the consequences for conviction of a provincial offence may still carry heavy penalties and consequences for the convicted person.

The Provincial Offences Act, R.S.O. 1990, c. P.33, as well as the Rules of the Ontario Court (Provincial Division) in Provincial Offences Proceedings, R.R.O. 1990, Reg. 200, provide the procedural law that guides the process by which offences within numerous substantive law statutes are prosecuted.  The range in matters falling under the purview of provincial offences is very broad.  Concerns involving provincial offences include:

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Options Available When Disputing a Provincial Offence Notice

#1Pay the Ticket/Fine
(Plea of Guilty)
Never Recommended

Paying a provincial offence ticket is never recommended as payment of the fine will be accepted as an automatic admission of guilt.  This will result in a conviction against you or your business for the charge as laid and you will suffer the full consequences which generally consists of a monetary fine.

#2Request a Meeting
with the Prosecution
Never Recommended

Meeting with the prosecutor is never recommended as you will not be able to obtain a copy of the evidence prior and you will not know the strength of the case against you.  While there may be some form of reduction offered, there is usually little chance to secure a withdrawal regardless of your explanation which will likely do more harm than good.

#3Request a Trial
Always Recommended
Your Best Option

Requesting a trial date is always recommended so that you may request and receive a copy of the evidence.  Only then will you truly be able to determine the strength of the case against you and any possible defences.  Choose DefendCharges.ca to defend you at trial and increase your chances of winning.

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