Federal offences are offences under the laws of Canada enacted by Parliament in Ottawa. Examples are an impaired driving charge under the Criminal Code or a marijuana offence under the Controlled Drugs and Substances Act. Provincial offences are offences under the laws of Ontario enacted by the Legislature in Toronto. Examples are a careless driving charge under the Highway Traffic Act or a trespassing offence under the Trespass to Property Act.
The court procedure for provincial offences is governed by the Provincial Offences Act. The commencement of a provincial offence proceeding often starts with a “Summons to the Defendant” to appear in court on a certain date. If there is a plea of guilty on that date, the court will then hear submissions on the type of sentence that should be imposed given the nature of the offence. If there is a plea of not guilty on the first date, the court may proceed with a trial or adjourn the matter at the request of the Crown or the defendant to a fixed trial date. The trial establishes whether the offence has been committed by the defendant. If the defendant is found guilty of the offence, submissions will then be made on sentencing. Factors the court will take into account in imposing a sentence include the seriousness of the offence, the protection of the public, deterrence, the age of the defendant, and whether there was a guilty plea.