"Social Distancing" Charges
We all have a role to play when it comes to preventing the spread of Covid-19. But to date, there have been a lot of misconceptions with respect to the Emergency Orders enacted by the Province of Ontario, and bylaws enacted by various municipalities.
Many municipalities having been quickly passing far-reaching bylaws that restrict various important activities of daily life. These bylaws infringe on normally-protected areas of individual rights and freedoms, and most have yet to be challenged or upheld by the Courts with respect to their constitutional compliance.
The public are being given “advice”, alongside legal restrictions in order to prevent widespread infection. However, viewed through a closer lens, the advice is not synonymous with the law, and it appears that even police and other enforcement officers may also be confusing the two.
Further, there are a number of untested Charter issues that come up when the government implements restrictions on the freedoms and liberties that are enjoyed by individuals in Canada. Under normal circumstances, individual sovereignty and having the autonomy to decide your own actions without state interference is a protected ground under the Charter of Rights and Freedoms.
In this unprecedented time, it remains to be determined whether Courts uphold the emergency orders and bylaws as they have been enacted. In other words, are the restrictions justifiable infringements on our rights?
DO NOT SIMPLY PAY YOUR TICKET.
PREVAIL PARALEGAL WANTS YOUR CASE!
If you have been charged with contravening a declared emergency order made under the Emergency Management and Civil Protection Act, or any social-distancing bylaw, CALL PREVAIL PARALEGAL TODAY.
There are a number of untested constitutional legal issues with aspects of several enacted Emergency Orders. As a result, Prevail Paralegal is offering reduced rates to represent you.
Prevail Paralegal will work hard to advocate for your rights, including your freedom of mobility, association and your right to liberty, as guaranteed by Canada’s Constitution. Further, the set fines being demanded of accused offenders is grossly disproportionate to the offending conduct in the vast majority of cases. An elderly man sitting alone on a park bench or a youth playing basketball by themselves on an outdoor court should not be subject to a fine that exceeds $800.00!
At the higher end of the spectrum, fines for convicted individuals can be up to $100,000.00. Directors of corporations can see fines up to $500,000.00 and Corporations could be fined up to $1,000,000.00. Don’t take these charges lightly!
Whether you feel you made a mistake with respect to the charge, or if you didn’t realize your actions were in contravention of an order or bylaw, please contact Prevail Paralegal to discuss your case.
Offences may include:
Social gatherings of more than 5 people
Failing to report a social distancing infraction (bylaw)
Driving with someone from another household
Engaging in Non-Essential Travel
Operating a non-essential business
Using outdoor recreational amenities
Being in a closed area
Failing to keep distance from another person (bylaw)
AND MANY MORE.
(Please note that the above wording is not the exact short form wording described on the ticket, but describes the alleged conduct that may lead to a charge.)
If you have been charged with a social distancing offence or bylaw, CONTACT US TODAY!
© 2020 Prevail Paralegal Services. The information on this website does not constitute legal advice. Submission of information or use of information presented does not constitute a client-paralegal relationship.