Defence Strategy Concerns: Various Options for Fighting Provincial Offence Charges

Question: What defence strategies are available for fighting a provincial offence charge in Ontario?

Answer: Common defence strategies for Ontario provincial offences include challenging the prosecution’s evidence, requesting disclosure and bringing Charter motions where applicable, disputing identification or intent, raising a due diligence or necessity defence when the law allows, and negotiating for a withdrawal or reduced charge; Reznik Legal Services provides Ontario paralegal services to review your facts, assess the strength of the case, and build the most effective approach for your hearing.   Acting promptly can help protect your record, reduce fines or other penalties, and limit impacts on licences, permits, employment, or security clearances.

Defence Strategies Available For Fighting Provincial Offences

Provincial offence charges can bear significant penalties involving fines, consequences upon employment, and even jail terms.  A conviction for a provincial offence may also negatively impact future privileges and rights involving the granting of certain licenses, various permits, special accesses, security clearances, among other issues that can complicate business opportunities or personal freedoms.  Addressing provincial offence charges promptly and effectively is crucial to minimizing adverse affects and to protection of important rights.

Available Defence Strategies

The best options for a defence strategy when fighting back against provincial offence charges will depend upon the particular charges that an accused person is facing as well as the nature and strength of the evidence available to the prosecution.  Accordingly, choosing the best defence strategy, or a combination of defence strategy options, will require a careful review of the case.

A professional representative:

• Will carefully review the incident details;
• Will thoroughly review the available evidence;
• Will diligently review the applicable law;
• Will helpfully explain the strategy options; and
• Will responsibly adjust the strategy, if necessary.

With a nuanced understanding of the legal system, a qualified legal professional can meticulously analyze the case specific as well as the relevant defence strategies to help select an appropriate approach and strategy when protecting the rights of accused persons.