Traffic Tickets

The Ontario Court of Justice hears virtually all provincial offences matters as well as offences against municipal by-laws. Examples of such cases include:

• Highway Traffic Act charges such as speeding or traffic violations;
• Municipal by-law charges relating to excessive noise, animal control, or garbage disposal; and
• Charges laid under provincial legislation such as the Environmental Protection Act, Occupational Health and Safety Act, Dog Owners’ Liability Act and the Trespass to Property Act.
• Compulsory Automobile Insurance Act – such as failing to surrender your insurance card, or possessing a fake or invalid insurance card
• Liquor License Act – such as being intoxicated in a public place; selling alcohol to a minor or to a person who is intoxicated or selling alcohol without a license or selling alcohol with a suspended or revoked license

There are three different types of provincial offence notices.

PART 1 Ticket, or Certificate of Offence
Issued by a police officer, for which you have 15 days to respond

PART II Parking Infraction
Municipal Parking Infractions where you have a choice of paying the set fine or requesting a trial.

PART III Summons to attend court

These charges are more serious offences. The fine amount will be set in court by the Justice of the Peace. You will be given summons to appear in court on the specified date provided on the summons. If you do not attend court, you could be fined in absentia or a warrant issued for your arrest, depending on the charge.

The main categories of criminal offences in Canada are summary conviction offences and indictable offences. Summary offences are less serious than indictable offences.

A judge hears summary conviction cases in provincial court. A person charged with a summary conviction offence is usually not arrested, unless the accused is found committing the offence. They are often given a notice to appear in court at a certain date and time.

A person charged with a summary conviction offence does not have to appear in court. A lawyer or an agent may appear in court on that person’s behalf, unless the judge asks the person charged to appear.

An indictable offence is more serious. There are different procedures for indictable offences. The procedure that applies depends on how serious the offence is and choices made by the prosecutor and the accused person. A person charged with an indictable offence will be arrested where the police have reasonable grounds to believe that the person has committed an indictable offence or is about to commit an indictable offence. A person charged with an indictable offence must show up in court. He or she may represent him or herself or be represented by a lawyer.

You may also hear about a hybrid offence. A hybrid offence is an offence where the prosecutor can choose, based on factors such as the seriousness of the accused’s actions and the harm caused, to proceed with the offence as either a summary conviction offence or as an indictable offence. Licensed paralegals may not provide legal services to persons accused of hybrid offences until the Crown elects to proceed by summary conviction. Except to appear on remands and consent adjournments.

Licensed Paralegals can represent you where the penalty is up to a maximum of 6 months.

Theft under $5000.00 is a Summary Conviction Offence, while theft over $5000.00 is an Indictable Offence.

Theft is a Hybrid Offence because it can be charged either way.