| WARNING - FAILURE TO ATTEND COURT COULD RESULT IN YOUR ARREST |
| THE MOST SERIOUS OFFENCES WILL RESULT IN YOU BEING CHARGED BY WAY OF SUMMONS ! |
| IF FOUND GUILTY OF CERTAIN OFFENCES COMMITTED UNDER PROVINCIAL DRIVING LAWS |
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THE PROVINCIAL COURT JUSTICE OF THE PEACE HAS LEGAL POWERS TO
1. SENTENCE OFFENDERS TO JAIL
2. SUSPEND DRIVING LICENSES
3. IMPOSE FINES FROM $1,000.00 TO $50,000.00
4. SEIZE MOTOR VEHICLES
5. PLACED OFFENDERS ON PROBATION
When a person is charged with a summons there is no option to pay a fine in lieu of attending Court. The Summons advises you that you or your legal representative must be in attendance at the Court at a set date and time as provided for on the summons. Should you fail to appear the Court could issue a bench summons for your arrest. The Court may also direct that the trial against you take place at a later date in your absence. This is called an “Ex Parte” hearing. If you hire a legal representative you do not have to appear in Court unless the Court Orders that your attendance is required.
When you attend the set date, you will be given a copy of the prosecution’s case against you in the form of disclosure. The Court will ask if you are represented or seeking representation. You will be asked how you intend to plead “guilty” or not “guilty”. If you are intending on pleading “not guilty” the Court will set a future date for your hearing. There is no legal advice available at the Court as would be in the case of criminal proceedings where duty counsel is available.
In most Provincial Court Houses, additional Provincial Prosecutors are placed at the Court to meet with charged persons who may wish to plead guilty. This process is one sided in that the Provincial Prosecutor is an Agent for the Attorney General who is employed to conduct the trial against you and is not permitted to give you any legal advice. This process was designed to reduce the volume demands on trial tiers within the Ontario Court of Justice Provincial Offences Court. For purposes of pleading guilty, the prosecutor will discuss with the charged person what charges they will proceed with and what sentence they will ask the Court to impose. The Court is not bound by any agreements made between you and the provincial prosecutor. The prosecution is not required to have any police or other prosecution witness at Court on your set date as that is not the day set for your hearing. As there is no legal advice available at the Court you must contract or hire a private legal representative licensed by the Law Society of Upper Canada as a lawyer or paralegal. It is advisable to seek legal advice or obtain legal representation before attending the designated set date.
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| SERIOUS CHARGES REQUIRE SERIOUS HELP! |
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