Failure To Comply with Judicial Release

From Riverview Legal Group
Access restrictions were established for this page. If you see this message, you have no access to this page.


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