DATE: May 20, 2008
SUBJECT: CHARGING FOR ACCUSED PERSON’S FAILURE TO APPEAR OR COMPLY IN RESPECT
OF PROVINCIAL STATUTE OFFENCES
To establish a uniform charging policy for offences of failing to appear or comply in respect of charges that were originally laid pursuant to a provincial statute.
It is preferable not to raise a provincial statute matter into a Criminal Code proceeding in circumstances in which the provincial legislation provides a clear remedy.
The use of s. 145 of the Criminal Code of Canada should be restricted to circumstances in which the underlying charge for which the accused person failure to appear or comply was laid pursuant to the Criminal Code.
Accused persons who fail to appear to answer charges pursuant to provincial statutes, or who otherwise fail to comply, should only be charged pursuant to s. 5 of the Provincial Offences Procedures Act, RSA 2000, c. P-34.