Failure To Comply with Judicial Release: Difference between revisions

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<ref name="CCC">Criminal Code (R.S.C., 1985, c. C-46), <https://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html>, reterived 2021-09-20</ref>
<ref name="CCC">Criminal Code (R.S.C., 1985, c. C-46), <https://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html>, reterived 2021-09-20</ref>


==Paralegal Scope of Practice==
==Paralegal Scope of Practice (Law Society of Ontario By-Law 4)==


Scope of activities
6.(2Subject to any terms, conditions, limitations or restrictions imposed on the class of licence or on the licensee and subject to any order made under the Act, a licensee who holds a Class P1 licence is authorized to do any of the following:
Class P1
Interpretation
6. (1In this section, unless the context requires otherwise,
   
   
“amendment day” means the day sections 316 and 317.1 of An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts come into force;
  1. Give a party advice on his, her or its legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding.
  2.  Represent a party before,
   
   
“claim” means a claim for statutory accident benefits within the meaning of the Insurance Act, excluding a claim of an individual who has or appears to have a catastrophic impairment within the meaning of the Statutory Accident Benefits Schedule;
  i.  in the case of a proceeding in the Small Claims Court, before the Small Claims Court,
  ii.  in the case of a proceeding under the Provincial Offences Act, before the Ontario Court of Justice,
  <b><u>iii.  in the case of a proceeding under the Criminal Code, before a summary conviction court,</b></u>       
  iv.  in the case of a proceeding before a tribunal established under an Act of the Legislature of Ontario or under an Act of Parliament, before the tribunal, and
  v.  in the case of a proceeding before a person dealing with a claim or a matter related to a claim, before the person.
   
   
“party” means a party to a proceeding;
  3.  Anything mentioned in subsection 1 (7) of the Act, provided the activity is required by the rules of procedure governing a proceeding.
   
  4. Select, draft, complete or revise, or assist in the selection, drafting, completion or revision of, a document for use in a proceeding.
“proceeding” means a proceeding or intended proceeding,
   5. Negotiate a party’s legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding.
   6. Select, draft, complete or revise, or assist in the selection, drafting, completion or revision of, a document that affects a party’s legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding.
  (a)  in the Small Claims Court,
 
   (b) in the Ontario Court of Justice under the Provincial Offences Act,
<ref name="By-law">Ontario Law Society By-law 4, <https://lso.ca/about-lso/legislation-rules/by-laws/by-law-4>, retrieved 2021-09-20</ref>
   (c) in a summary conviction court under the Criminal Code (Canada),
 
==Permitted Criminal Code Summary Conviction Offences for Regulated Agents as of February 25, 2021==
<b><u>(i)  where under the Criminal Code (Canada) immediately before the amendment day an accused was permitted to appear or examine or cross-examine witnesses by agent, or
Criminal Code Hybrid Offences Carrying Maximum Penalty of Six Months' Imprisonment When Proceeding By Summary Conviction Prior to Bill C-75 Coming Into Force on September 19, 2019:
  (ii)  in respect of an offence under subsection 320.13 (1), subsection 320.16 (1), section 320.17 or subsection 320.18 (1) of the Criminal Code (Canada),</b></u>
 
<b><u>s. 145(1)-(5.1) – Escape and being at large without excuse </b></u>
  (d)  before a tribunal established under an Act of the Legislature of Ontario or under an Act of Parliament, or
 
  (e)  before a person dealing with a claim or a matter related to a claim, including a mediator, a person performing an evaluation, an arbitrator or the Director acting under section 280, 280.1, 282 or 283 or 284, respectively, of the Insurance Act;
<ref name="Scope">,Criminal Code Hybrid Offences Carrying Maximum Penalty of Six Months' Imprisonment When Proceeding By Summary Conviction Prior to Bill C-75 Coming Into Force on September 19, 2019, <https://lso.ca/about-lso/legislation-rules/permitted-criminal-code-summary-conviction-offence#list-of-permitted-criminal-code-summary-conviction-offences-for-regulated-agents-as-of-sept-19-201-5>, retrieved 2021-09-20</ref>
“Statutory Accident Benefits Schedule” means the Statutory Accident Benefits Schedule within the meaning of the Insurance Act.


==References==
==References==

Latest revision as of 16:22, 20 September 2021


Criminal Code (R.S.C., 1985, c. C-46)

145 (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
...
(5) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or is guilty of an offence punishable on summary conviction, who
(a) is at large on a release order and who fails, without lawful excuse, to comply with a condition of that release order other than the condition to attend court; or
(b) is bound to comply with an order under subsection 515(12), 516(2) or 522(2.1) and who fails, without lawful excuse, to comply with that order.

[1]

Paralegal Scope of Practice (Law Society of Ontario By-Law 4)

6.(2) Subject to any terms, conditions, limitations or restrictions imposed on the class of licence or on the licensee and subject to any order made under the Act, a licensee who holds a Class P1 licence is authorized to do any of the following:

 1.  Give a party advice on his, her or its legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding.
 2.  Represent a party before,

 i.  in the case of a proceeding in the Small Claims Court, before the Small Claims Court,
 ii.  in the case of a proceeding under the Provincial Offences Act, before the Ontario Court of Justice,
 iii.  in the case of a proceeding under the Criminal Code, before a summary conviction court,        
 iv.  in the case of a proceeding before a tribunal established under an Act of the Legislature of Ontario or under an Act of Parliament, before the tribunal, and
 v.  in the case of a proceeding before a person dealing with a claim or a matter related to a claim, before the person.

 3.  Anything mentioned in subsection 1 (7) of the Act, provided the activity is required by the rules of procedure governing a proceeding.
 4.  Select, draft, complete or revise, or assist in the selection, drafting, completion or revision of, a document for use in a proceeding.
 5.  Negotiate a party’s legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding.
 6.  Select, draft, complete or revise, or assist in the selection, drafting, completion or revision of, a document that affects a party’s legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding.

[2]

Permitted Criminal Code Summary Conviction Offences for Regulated Agents as of February 25, 2021

Criminal Code Hybrid Offences Carrying Maximum Penalty of Six Months' Imprisonment When Proceeding By Summary Conviction Prior to Bill C-75 Coming Into Force on September 19, 2019:

s. 145(1)-(5.1) – Escape and being at large without excuse

[3]

References

  1. Criminal Code (R.S.C., 1985, c. C-46), <https://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html>, reterived 2021-09-20
  2. Ontario Law Society By-law 4, <https://lso.ca/about-lso/legislation-rules/by-laws/by-law-4>, retrieved 2021-09-20
  3. ,Criminal Code Hybrid Offences Carrying Maximum Penalty of Six Months' Imprisonment When Proceeding By Summary Conviction Prior to Bill C-75 Coming Into Force on September 19, 2019, <https://lso.ca/about-lso/legislation-rules/permitted-criminal-code-summary-conviction-offence#list-of-permitted-criminal-code-summary-conviction-offences-for-regulated-agents-as-of-sept-19-201-5>, retrieved 2021-09-20