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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 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.
In the province of Ontario, most municipal and provincial offences are dealt with in the Provincial Offences Court, established under the Ontario Provincial Offences Act [43] and the Courts of Justice Act. [44] Quebec also has a system of municipal courts that hear cases such as municipal and traffic infractions.
In Ontario, the procedure for commencing a private prosecution for a provincial offence is governed by Part III of the Provincial Offences Act, ss. 23(1) of which provides that, "Any person who, on reasonable and probable grounds, believes that one or more persons have committed an offence, may lay an information in the prescribed form and ...
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 ...
2. Offences of absolute jurisdiction include theft and fraud up to the value of $5,000 and certain nuisance offences. These are listed in section 553 of the Criminal Code. The accused person does not have an election and must be tried by a judge of the provincial court without a jury. [3] 3.
have powers of a police officer for the purposes of ss. 9 of the Trespass to Property Act, R.S.O. 1990, c. T.21, as amended; are designated as provincial offences officers for the purposes of enforcement of the Liquor License Act, Trespass to Property Act and TTC By-law No. 1; TEOs are also designated as agents/occupiers of the TTC. [19]
The Criminal Code (French: Code criminel) is a law of the Parliament of Canada that codifies most criminal offences and procedures in Canada.Its official long title is An Act respecting the Criminal Law (French: Loi concernant le droit criminel).