Wednesday, March 09, 2011

Law Commission of Ontario Interim Report on Modernizing the Provincial Offences Act

The Law Commission of Ontario (LCO) has released its Interim Report on Modernizing the Provincial Offences Act:

"Over two million provincial charges are brought annually under statutes governing public welfare matters such as traffic, liquor, occupational health and safety, environmental protection, among others. Some charges are less serious while others are more serious with potentially significant sentences. Yet the Act is unduly complex for the large majority of minor offences and it makes little distinction among the vastly different types of charges before the court and offers little direction on how sentences are to be rendered in a principled manner."

"To respond to these concerns, the LCO’s key draft recommendations include:"

"Moving all parking offences out of court to reserve judicial resources for more serious matters. Instead, municipalities would collect monetary penalties for parking infractions that could be disputed before a municipal hearings officer."

"Simplifying the Provincial Offences Act and creating processes proportionate to the seriousness of the offence."

"Providing clear sentencing principles to help the court render appropriate and consistent sentences that will promote compliance with regulatory standards."

"Making simple, plain language information guides available to defendants."

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posted by Michel-Adrien at 7:16 pm


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