Summary Convictions are within the scope of licensed paralegal- Rajan Mahavalirajan.
“*Note 1: The offences mentioned below are generally described in accordance with the notes provided in the Criminal Code below.
*Note 2: In some cases, the Criminal Code establishes an offence in one provision and establishes the penalty for that offence in another provision. In such instances, this list generally refers only to the relevant penalty provision.
The offence provision must be matched to its listed penalty provision to determine whether a licensed paralegal, lawyer licensing candidate or law student may proceed to act or not.
. Criminal Code Summary Conviction Offences Carrying Maximum Penalties of Six Months’ Imprisonment Prior to Bill C-75 Coming into Force on September 19, 2019
. Criminal Code Hybrid Offences Carrying Maximum Penalties of Six Months’ Imprisonment When Proceeding by Summary Conviction Prior to Bill C-75 Coming into Force on September 19, 2019
. Criminal Code Hybrid Offences Carrying Maximum Penalties of Six Months’ Imprisonment When Prosecuted by Summary Conviction Prior to Bill C-46 Coming into Force on December 21, 2018
Limitations:
The criminal code summary conviction which is mentioned on this page is current to 19th of September 2019, whereas if there are any changes in the legislative or regulatory amendments it might change the list.
For hybrid offences the crown must elect to further proceed by the right summary conviction. Until the crown elects to proceed further by the summary conviction, even the licenced paralegal will not provide their legal services to persons accused of these hybrid offences. For hybrid offenses the lawyer licensing candidates and even the law students cannot provide their legal services, they can only appear on remands and on consent adjournments, unless the Crown approves and chooses to move forward by summary conviction.
Some of the federal statutes other than the Criminal Code create offences that can be prosecuted by summary conviction, like the Cannabis Act, Controlled Drug, and the Substances Act. These offences are not listed on this page.
Licensed paralegal, lawyer licensing candidates, and law students can only appear as “agents” on any such offences that were mentioned as of September 18, 2019, punishable by a maximum penalty of six months’ imprisonment or less when proceeding by summary conviction.
This page is created just for the reference purpose for the professionals and the public. The information on this page is not suitable or it is not a substitute to determine that a licensed paralegal, a law student or even a lawyer licensing candidate can represent an accused on a criminal matter, for consulting the offence-creating legislations or relevant court decisions.
The information which is mentioned on this page is not intended to present as a legal advice and the information should not be relied upon as such.
“The Law Society holds no accountability or responsibility for any kind of mistake, errors, or even omissions and disclaims as such any responsibility.”
Summary Convictions that are within the scope of licensed paralegal- Rajan Mahavalirajan.
The licenced paralegals can represent clients who are charged with Summary charges or crown elected Summary charges.
There are some Hybrid offences that are elected as Summary Offence, then, the paralegal could represent the client.
The Summary offences carrying maximum penalty of six months imprisonment and theft under $5,000.00 can be represented by licenced paralegal in good standing.
Summary Conviction Offences/ Charge | Section of Criminal Code |
---|---|
JAssisting a deserter | Section 54 & 56 |
Engaging in a prize fight | Section 83 |
Possession of a weapon in public | Section 89 |
Impersonating a peace officer | Section 130 |
Advising reward/immunity | Section 143 |
Disorderly conduct | Section 173 |
Indecent acts, public or private | Section 173 |
Public exposure | Section 173 (2) |
Causing disturbance, indecent exhibition, loitering, etc. | Section 175 |
Disturbing religious worship or certain meetings | Section 176 (2) |
Trespassing at night | Section 177 |
Offensive volatile substance | Section 178 |
Vagrancy | Section 179 |
Keeping a gaming or betting house | Section 201 |
Being found at or being a landlord or tenant of a common bawdy-house | Section 210 |
Being found at or being a landlord or tenant of a common bawdy-house | Section 210 |
Transporting a person to a bawdy-house | Section 211 |
Procuring or soliciting prostitution (accused stopping vehicles or pedestrians) | Section 213 |
Unauthorized use of a bodily substance | Section 258.1 |
Theft valued under $5,000 | Section 322 & 334 |
Taking a motor vehicle or vessel or found therein without consent | Section 335 |
Fraudulently obtaining food, beverage or accommodation | Section 364 |
Pretending to practise witchcraft, sorcery, enchantment or conjuration, undertaking to tell fortunes |
Section 365 |
Indecent telephone calls | Section 372 (2) |
Harassing telephone calls | Section 372 (3) |
Fraudulently obtaining transportation | Section 393 (3) |
Falsifying employment record (punching time clock etc.) | Section 398 |
Obtaining carriage by false billing | Section 401 |
Impersonation at examination | Section 404 |
Falsely claiming royal warrant | Section 413 |
Unlawful use of military uniforms or certificates | Section 419 |
Interfering with the saving of a wrecked vessel | Section 438 (2) |
Issuing trade stamps | Section 427 (1) |
Giving trade stamps to a purchaser of goods | Section 427 (2) |
Interfering with a marine signal | Section 439 |
Interfering with boundary lines | Section 442 |
Manufacture or possession of slugs and tokens | Section 454 |
Defacing current coins | Section 456 |
Refusal to employ for reason of membership in union | Section 425 |
Manufacture, promotion, sale of likeness of currency (counterfeiting) | Section 457 |
Corrupting Morals | Section 163 & 169 |
Tied Sale | Section 165 & 169 |
Immoral theatrical performance | Section 167 & 169 |
Mailing obscene matter | Section 168 & 169 |
Indictable offences are handled by Mr. Dan Dragan Gavrilovic – Criminal Defence Lawyer.
- All Criminal Charges including:
- Domestic Assault.
- Impaired and Over 80.
- Resolution.
- Trials.
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