Defence Strategy Concerns: Various Options for Fighting Provincial Offence Charges

Question: What defence strategies can I use to fight a provincial offence charge in Ontario?

Answer: Common Ontario defence strategies include challenging the officer’s observations and notes, disputing identification, attacking the reliability of speed-measuring or testing devices, seeking disclosure and bringing a Charter motion where warranted, and using resolution discussions when appropriate, based on the specific facts and evidence in your case.  Lippa Legal Services provides paralegal services in Ontario for provincial offences by reviewing disclosure, assessing evidentiary weaknesses, and helping you choose and execute the most effective defence approach for your charge.

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.