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Before a court imposes a fine, it must inquire into the ability to pay the fine. [30] Failure to pay the fine by the time required in the order can result in the person being found in default. A number of remedies exist, including imprisonment. In the past a court that imposed a fine would also impose a hypothetical sentence in the event of ...
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 ...
A judge of the superior court with a jury; However, if the accused elects trial by a provincial court judge, that judge can decline jurisdiction and refer the case to the superior trial court (section 554). [2] The Attorney General can also require a case to be tried by the superior trial court with a jury (section 568). [2]
In that case, the appeal court found that the act of driving while intoxicated was an unlawful act that could support a manslaughter conviction. [1] In 1921, the Parliament of Canada first created a summary conviction offence for drinking and driving, called "driving while intoxicated". At the time, the courts interpreted intoxication to mean ...
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 ...
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 Superior Court of Justice (French: Cour supérieure de justice) is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges. [1] In 1999, the Superior Court of Justice was renamed from the Ontario Court (General Division).