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The Ontario Court of Justice is the provincial court of record [6] for the Canadian province of Ontario. The court sits at more than 200 locations across the province and oversees matters relating to family law , criminal law , and provincial offences.
Under the Canadian constitution, criminal law is within the realm of federal authority and anyone violating this provincial statute is therefore subject to quasi-criminal (not full criminal) enforcement under the Provincial Offences Act. [1] The Act is an attempt to codify what was formerly a matter of common law. It is most often used by ...
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
The accused person does not have an election and must be tried by a judge of the provincial court without a jury. [3] 3. For all other indictable offences, the accused person can elect whether to be tried by: A provincial court judge; A judge of the superior trial court of the province without a jury or; A judge of the superior court with a jury
Youth correctional facilities in Ontario are also called "secure custody facilities" and hold young people who were between 12 and 17 years of age at the time of offence. Youths are held in secure custody facilities if they are sentenced to secure custody after being found guilty of a crime or if a youth is ordered to be held in custody before ...
The court is allowed to take into account prior findings of guilt when determining the appropriate sentence. [3] For some offences, a prior finding of guilt will create a higher minimum sentence. However, the court cannot rely on the higher minimum sentence unless the Crown notified the defendant prior to defendant's plea. [3]
Regardless of the breadth of their legislative authority, all civil law enforcement officers in Canada are considered peace officers for the purposes of carrying out their duties, [14] [15] [16] and may be variously appointed as special constables, [12] municipal law enforcement officers, [17] provincial offences officers, [18] or generically ...
Section 1 of the Act covers definitions and application of the Act to places other than highways. The definition of "highway" in the Act is broad in nature to include "a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between ...