Failure To Comply with Judicial Release: Difference between revisions

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   2.  Represent a party before,
   2.  Represent a party before,
   
   
   :i.  in the case of a proceeding in the Small Claims Court, before the Small Claims Court,
   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,
   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,         
   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
   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.
   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.
   3.  Anything mentioned in subsection 1 (7) of the Act, provided the activity is required by the rules of procedure governing a proceeding.

Revision as of 15:32, 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.

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