Administrative Offences

Administrative Offences are offences against the administration of justice and typically refer to breaches of court orders.

Administrative offences are quasi-criminal, regulatory matters. They are prosecuted under provincial and federal legislations like the Traffic Safety Act, Gaming and Liquor Act, Fisheries Act, Aeronautics Act, Fair Trade Act, and numerous other acts and regulations unlike criminal charges which are laid under the Criminal Code of Canada or the Drugs and Substances Act.

Being found guilty of an administrative offence will not result in a criminal record, however a finding of guilty can still have a substantial impact on your life. Some administrative charges carry serious consequences. For example according to the Provincial Offences Procedures Act (also called ‘POPA’), certain provisions under the Traffic Safety Act can result in $2,000 fine or a 6 month jail term. More significantly, the Aeronautics Act allows for sentences as high as a $100,000 fine and a one year jail term. 

 

A number of administrative charges are ‘strict liability’, meaning that the crown prosecutor only has to prove the prohibited action without regard to your intention. Defending yourself against these charges requires a lawyer who is skilled in cross-examination and can identify flaws with the crown’s case against you. The Roulston Criminal Defence team prides itself on keeping up to date with administrative law and the ever-changing legislations under which you may be charged. 

Your charges might be withdrawn if you are eligible for the Alternative Measures Program (AMP) and successfully complete the AMP conditions.

If you are charged with a substantial offence (such as Theft) and an administrative offence, Roulston Criminal Defence Firm can act on your behalf in negotiating the withdrawal of the administrative offence.

The consequences can vary and whether you are ordered to pay a small fine or to an incaceratory period depends on your criminal history and the nature of the offence.