Uniform Acts Drafting Conventions

(1992 Proceedings at page 40)

April 1996

CONTENTS

Section

1. Application
2. Regulatory Offences Officer
3. Set Fines

COMMENCEMENT OF PROCEEDINGS

4. Manner of Commencement
5. Charge
6. Summons
7. Summons for Trial
8. Set Fine Dispute
9. Set Fine Payment
10. Notice of Trial
11. Set Fine on Inaction
12. Defendant outside Jurisdiction
13. Failsafe Review
14. Private Prosecution
15. Evidence of Written Plea
16. Service

TRIAL

17. General Jurisdiction
18. Limitations
19. Presiding Judge
20. Prescribed Counts
21. Contents of Counts
22. Dividing Counts
23. Included Offences
24. Parties to Offence
25. Counselling and Procuring
26. Quashing Certificate
27. Amending Certificate
28. Particulars
29. Costs on Amendment or Particulars
30. Stay of Proceeding
31. Trying Together or Separately
32. Plea
33. Trial
34. Representation
35. Compelling Personal Appearance
36. Non-appearance of Prosecutor
37. Non-appearance of Defendant
38. Liability
39. Common Law Defences
40. Adjournments
41. Fitness to Stand Trial
42. Taking Evidence
43. Attendance of Witnesses
44. Compelling Attendance of Witnesses
45. Order for a Prisoner to Attend
46. Failure to Attend
47. Commission Evidence
48. Evidence on Another Charge
49. Evidence of Age
50. Exhibits
51. Interpreters
52. False Statements
53. Removal of Defendant
54. Contempt of Court
55. Non-juridical Day
56. Irregularity and Validity
57. Extension of Time
58. Service

SENTENCING

59. Pre-sentence Report
60. Submission as to Sentence
61. Time in Custody
62. Minute of Disposition
63. Minimum Penalties
64. Fines
65. Fine Options
66. Civil Suit for Fine
67. Default of Fines
68. Suspension of Fine
69. Custody on Imprisonment
70. Sentences Consecutive
71. Warrant of Committal
72. Probation Order
73. Commencement of Probation
74. Probation and Further Conviction
75. Amendment of Probation Order
76. Breach of Probation
77. Costs
78. General Penalty

YOUNG PERSONS

79. Minimum Age
80. Application of ss 81-89
81. Summons
82. Notice to Parent
83. Trial
84. Protection of Identity
85. Penalties
86. Non-payment of fine
87. Open Custody
88. Arrest Without Warrant
89. Release After Arrest

REVIEW AND APPEALS

90. Appeal Court
91. Stay
92. Fixing Date
93. Payment of Fine not Waiver
94. Transmittal of Material
95. Right of Appeal
96. Powers of Court
97. Representation
98. Written Argument
99. Powers on Appeal Against Conviction
100. Powers on Appeal Against Acquittal
101. Appeal Against Sentence
102. One Sentence on More than One Count
103. Defect in Certificate or Process
104. Additional Orders
105. New Trial
106. Trial de Novo
107. Failure to Comply or Abandonment
108. Costs
109. Implementation of Order on Appeal
110. Appeal to Court of Appeal
111. Custody Pending Appeal
112. Review in Minor Cases
113. Judicial Review
114. Application for Certiorari
115. Application for Habeas Corpus
116. Costs on Judicial Review

ARREST AND BAIL

117. Power of Arrest
118. Execution of Warrant
119. Use of Force
120. Disclosure on Arrest
121. Release After Arrest
122. Court Appearance
123. Expediting Trial
124. Appeal of Bail
125. Agent for Appearance
126. Recognizance Binding
127. Relieving Surety
128. Discharge of Surety
129. Forfeiture of Recognizance

SEARCH AND SEIZURE

130. Search Warrant
131. Detention of Things Seized
132. Solicitor-Client Privilege

REGULATIONS

133. Regulations
134. Rules of Court


INTRODUCTION

The purpose of this Act is twofold.

One is to simplify the court procedures for the imposition of penalties for minor offences that are not seen as criminal in nature. This simplification would make a more light-handed procedure for the public's access to justice in the great number of cases that arise from the mere regulation of conduct rather than from conduct that is criminal in itself and would lighten the lad on the administration of justice.

The other purpose is to separate the proceedings for conduct that is in itself permissible or even desirable but not done in the manner required from proceedings for genuine criminal conduct. This separation may be reflected in the atmosphere in which a hearing for traffic tickets is conducted when the defendant is on the list with persons charged with robbery, assault etc., or in the procedure where provisions that are appropriate to serious crimes and designed for dangerous conduct and maintaining the peace are applied equally to regulatory offences.

The principal changes from the summary procedure under the Criminal Code are in procedures applying to offences for which a set fine is acceptable and procedures before trial and summary disposition when not contested. When a trial is elected, traditional standards of justice are necessary.

At the same time there are many very serious offences under provincial and territorial statutes and full procedure can be taken at the option of the defendant.

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