Frequently Asked Questions - Legal Process

What are provincial offences?

Provincial offences are minor (non-criminal) offences that include, but are not limited to:

  • speeding, careless driving, or not wearing your seat belt - Highway Traffic Act
  • failing to surrender your insurance card or possessing a false or invalid insurance card - Compulsory Automobile Insurance Act
  • DNA

    If you are convicted of an offence where the court orders you to appear to have a sample of your DNA extracted and placed on the National DNA Databank, you will be given some paperwork and told to attend our police station to fulfil that requirement. If you are in custody (aka jail), we may bring you to the station before you go (back) to jail or we may visit you in jail to execute this order.

    Parental Responsibility Act of Ontario

    Yes. The Parental Responsibility Act, 2000 holds parents and guardians civilly liable for damages or losses incurred at the hands of their children.

    As a parent or guardian of a child (under 18yrs) you should familiarize yourself with this short statute that can have a profound effect on your finances if you fail to exercise adequate supervision and control over your children.

    A recognizance (of bail) is a promise that an accused person makes in court, to abide by the conditions that made it possible for them to be released from custody.

    Weekends And Statutory Holiday (WASH) court is a bail hearing that happens on weekends and statutory holidays, hence the name.

    Offenders who, at the time of sentencing, meet the guidelines for a conditional sentence are permitted to serve their 'incarceration' time in the community and living in their residence. Typically, a conditional sentence (commonly referred to as House Arrest) involves terms that the convicted person must remain in their residence except for specific circumstances.

    As you should be aware, a surety is essentially a 'jailer' out of jail. When someone is released from bail court with conditions and under the supervision of a 'surety', the surety has promised to enforce the terms of the recognizance of bail and backed up that promise with a financial pledge.

    Bail Hearing

    A bail hearing is a judicial proceeding where the court determines if a person charged with a criminal offence should be released on bail, trusted to make any and all required court appearances up to and including a trial.