Ford government fixes legal problem that made it impossible to fight tickets during the pandemic

The Progressive Conservative government has corrected a legal snafu that stripped Ontarians of the right to fight tickets during the COVID-19 pandemic, the Star has learned.

Under fire for hastily implemented legislation that made it impossible to contest a provincial offence, Attorney General Doug Downey is "suspending any limitation periods in statutes and regulations" during the state of emergency.

"As a result of the COVID-19 pandemic and the state of emergency, court operations and public counters are limited during this time," Jenessa Crognali, Downey's press secretary, said Wednesday night.

"Defendants who are charged with an offence during this period and wish to exercise their options on the back of a ticket will have an opportunity to do so once the state of emergency is lifted and statutory timelines resume," she said.

The move, which is retroactive to March 16, came as the Canadian Civil Liberties Association (CCLA) expressed concern about the government rushing to judgment when scofflaws face pandemic-related fines ranging from $750 to $100,000 plus a year in jail.

"In the rush to pass and enforce emergency orders and bylaws, the province and municipalities have failed to ensure that procedures are in place for individuals charged under these orders," the CCLA's Cara Faith Zwibel wrote in a letter to Downey and other ministers earlier Wednesday.

"Instead of establishing a COVID offence process first, after which enforcement took place, municipalities and provincial officials did the opposite," wrote Zwibel, noting courthouses and municipal offices are closed.

"With the administration of justice all but frozen by COVID, charging and ticketing people means they have no due process, no fundamental justice. This requires urgent correction, none of which will rectify those charges rendered unconstitutional by the province's failure to get the horse before the cart."

Under the Emergency Management and Civil Protection Act, which was activated by Premier Doug Ford on March 17, police and bylaw officers have sweeping powers to issue tickets for a wide variety of new offences.

It is currently illegal to gather in groups of more than five people unless they all reside under the same roof. All indoor and outdoor recreational facilities are closed to prevent the spread of the coronavirus.

Last week, Toronto criminal lawyer Dylan Finlay was slapped with a $750 ticket from a bylaw officer for stopping to do some chin-ups while jogging in Centennial Park. With a 20 per cent victim surcharge that fine balloons to $880.

Others have been penalized for roller blading with their children in a deserted parking lot.

Zwibel said the government had to act to ensure anyone charged under the Provincial Offences Act gets a fair hearing.

"Currently" an individual is deemed not to wish to dispute the charge if at least 15 days have elapsed after they were served with the offence notice and they have not given notice of an intention to appear, requested a meeting with the prosecutor or pled guilty," she wrote.

"However, in many cases the means by which an individual must give notice of their intention to appear is by delivering the notice to a court office. Currently, almost all of these offices are closed, and your government continues to urge people to self-isolate at home."

Equally problematic was that the tickets "do not contain any information about how to contest a ticket in light of current circumstances."

"This is resulting in confusion and frustration for those who do wish to appear to contest their tickets and has prejudiced those who have paid their tickets fearing the consequences of delay."

The current state of emergency, in place since March 17, is slated to expire May 12, though the premier said that could be extended.

Crognali said if anyone previously charged with a provincial offence "has questions about the adjournment of their case or would like to exercise their option to request a new court date, they should contact the municipal court office responsible for their matter."

"The defendant should not go to the courthouse."

Robert Benzie is the Star's Queen's Park bureau chief and a reporter covering Ontario politics. Follow him on Twitter: @robertbenzie