What are quasi-criminal prosecutions?
Quasi-criminal prosecutions play a significant role in the Alberta legal system, addressing offences that fall between civil and criminal law. They deal with breaches of regulatory or administrative law, rather than criminal law. Ultimately, they consist of regulatory and statutory violations, aiming to protect public safety and the environment.
Overview of quasi-criminal prosecutions in Alberta
While civil cases involve disputes between parties seeking compensation and criminal cases address serious crimes with punitive measures, quasi-criminal prosecutions focus on regulatory violations and the protection of public welfare. The legal basis for quasi-criminal prosecutions lies in federal and provincial legislation, granting authority to specialized agencies and bodies to investigate and enforce these offences.
In Alberta, offences under provincial laws, regulations and municipal bylaws are prosecuted using the procedures in the Provincial Offences Procedure Act. This Act applies the Criminal Code’s summary conviction procedures to provincial offences.
Unless another law sets a different penalty, the maximum penalty for a provincial offence is:
- A $2,000 fine,
- 6 months in jail, or
- Both.
Many laws do set their own penalties, and some, such as workplace safety and environmental laws, allow much higher fines.
Although non-criminal in nature, quasi-criminal prosecutions share many similarities with criminal prosecutions. Some procedures in these cases can be similar to criminal cases. The punishments, such as jail sentences, fines or loss of a licence, are also comparable. Losing a driver’s licence or a licence to serve alcohol may affect someone’s ability to earn a living.
Quasi-criminal offences are generally decided in court by a justice of the peace or a judge. Some related regulatory matters, such as professional discipline, are decided by tribunals or panels instead.
Main differences between quasi-criminal cases and criminal cases
Despite the similarities between quasi-criminal and criminal cases, there are distinct differences. Quasi-criminal prosecutions deal with breaches of regulatory or administrative law, rather than criminal law. These laws and regulations are enacted to ensure public safety, environmental protection, and adherence to various industry-specific requirements.
Rules of evidence are often more relaxed and subjective in such cases, and procedures can be more fluid than those used in criminal cases. This does not negate the seriousness of the consequences associated with quasi-criminal prosecutions. In short, if you are found guilty of a quasi-criminal charge, you may be facing equally serious punishments as with a criminal charge, including imprisonment and monetary penalties.
However, most regulatory offences are ‘strict liability’ offences. This means the prosecution does not have to prove that you intended to break the law. Instead, you can avoid a conviction if you prove, on a balance of probabilities, that you took all reasonable care to avoid committing the offence. This is known as a ‘due diligence’ defence.
Depending on the enabling legislation, limitation periods may apply. For a broader overview of how limitation periods work, see The Statute of Limitations for Criminal Offences in Canada (Alberta Guide).
In Alberta, unless another law sets a different time limit, a prosecution for a provincial offence must start within 6 months of the alleged offence.
Do the courts hear quasi-criminal prosecutions in Alberta?
Quasi-criminal prosecutions follow a specific judicial process, often involving specialized quasi-criminal courts or tribunals. In Alberta, most provincial offences are heard in the traffic division of the Alberta Court of Justice. Despite its name, traffic court hears offences under many provincial laws and municipal bylaws, not only traffic offences. Trials there are usually heard by a justice of the peace.
Bodies hearing such cases are equipped with expertise in the relevant regulatory areas and are designed to handle cases efficiently and effectively. Defendants in quasi-criminal proceedings have rights and procedural safeguards similar to those in criminal cases, including the right to legal representation, the right to present a defence, and the right to a fair hearing.
Quasi-criminal offences can result in a range of penalties aimed at deterring future violations and promoting compliance. These penalties include fines and monetary penalties, as well as administrative sanctions and orders.
The severity of the penalty depends on factors such as:
- The nature of the offence.
- The level of harm or risk involved.
- The individual circumstances of the defendant.
A quasi-criminal conviction can have lasting consequences for the accused. It may impact employment opportunities, professional licences, and reputation. Additionally, a conviction for a quasi-criminal offence may have implications for subsequent criminal prosecutions if related criminal charges arise from the same conduct.
If you have been charged with, or notified that you are under investigation for a quasi-criminal offence, it is important to seek legal advice right away. At Strategic Criminal Defence, we offer free consultations for such matters.
What are examples of quasi-criminal offences in Alberta?
Quasi-criminal prosecutions share many similarities with criminal prosecutions. The punishments imposed, such as jail, fines, or the loss of an important licence are comparable. Other consequences, such as the loss of a licence to drive or serve alcohol, may affect someone’s ability to earn a living.
Quasi-criminal offences are generally decided in court. Some related regulatory matters are decided by tribunals or panels. A justice of the peace with special jurisdiction may also rule over a quasi-criminal case.
Several areas of law in Alberta provide examples of quasi-criminal prosecutions:
- Environmental offences address violations of environmental protection laws, including pollution, improper waste management, and the mishandling of hazardous materials.
- Occupational health and safety offences target breaches of workplace safety regulations, such as the failure to provide proper safety measures or negligence resulting in injuries or fatalities.
- Securities and financial market offences encompass violations of regulations related to insider trading, market manipulation, securities fraud, and breaches of disclosure obligations.
In Alberta, these include offences under the Traffic Safety Act, the Occupational Health and Safety Act, the Environmental Protection and Enhancement Act, the Securities Act, and the Gaming, Liquor and Cannabis Act. These laws protect the public interest, which is why investigators and compliance officers enforce them.
Do I need a lawyer to defend a quasi-criminal charge?
Defending a quasi-criminal charge can be challenging. At Strategic Criminal Defence, we offer a free consultation if you’ve been charged with a quasi-criminal offence. We also offer pre-charge legal advice if you have not been charged yet.
Some critics say that regulators do not have enough resources, so they have to choose which cases to pursue. Others question whether regulatory matters are always handled fairly and openly. This concern mainly applies to matters decided by tribunals or panels, rather than to prosecutions heard by a judge or justice of the peace.
However, quasi-criminal prosecutions are ultimately a vital aspect of the Canadian legal system, addressing regulatory and statutory offences that impact public welfare and compliance with laws. Moreover, they relieve pressure on the courts, because some matters are decided by specialized tribunals.
