Licensed paralegals, lawyer licensing candidates, and law students (collectively referred to as "regulated agents") may represent persons accused of some summary conviction offences under the Criminal Code.  It is important to note that there are statutes other than the Criminal Code that can create summary conviction offences that are not covered in the list below.  Generally, regulated agents may appear on offences that were, as of September 18, 2019, punishable by a maximum penalty of six months' imprisonment when proceeding by summary convction.

Hybrid offences are considered indictable offences until the Crown elects to proceed by summary conviction.  As such, regulated agents may not provide legal services until the election has taken place.

More information regarding the scope pf practice for regulated agents can be found in By-Law 4, By-Law 7.1, and on the Rights of Appearance page.  Due to the technicalities surrounding the criminal law scope, the offence-creating legislation, along with the relevant By-Law, and any court decisions should be consulted prior to determining whether an agent may represent on criminal law matters.

Criminal Code Summary Conviction Offences Carying Maximum Penalties of Six Months' Imprisonment Prior to Bill C-75 Coming into Force on September 19, 2019

s. 54 - Assisting deserter

s. 56 - Offences in relation to members of RCMP

s. 66(1) - Unlawful assembly

s. 83(1) - Engaging in prize fight

s. 89(2) - Carrying weapon while attending public meeting

s. 134(1) - Perjury (where not required to make oath, etc)

s. 174(1) - Nudity

s. 175(1) - Causing disturbance, indecent exhibition, loitering, etc

s. 176(2), 176(3) - Disturbing religious worship or certain meetings

s. 177 - Trespassing at night

s. 201(2) - Person found in or owner permitting use (gaming or betting house)

s. 206(4) - Offence (buying ticket for unlawful lottery or game of choice)

s. 207(3)(b) - Offence, participation in lottery scheme (permitted lotteries)

s. 207.1(3)(b) - Offence, participation in lottery scheme (permitted lotteries, international cruise ship)

s. 210(2) - Landlord, inmate, etc (common bawdy-house)

s. 211 - Transporting person to bawdy-house

s. 213(1)-(1.1) - Stopping or imeding traffic/ Communication (referring to offering, providing or obtaining sexual services  for consideration)

s. 278.9(2) - Publication prohibited (in relation to production order)

s. 278.95(2) - Publication prohibited (hearing to determine admissibility of evidence of complainant's sexual activity)

s. 320.19(2) - Operation while impaired - low blood drug concentration

s. 320.36(4) - Unauthorized use of bodily subsdtance / Unauthorized use or disclosure of results

s. 335(1) - Taking motor vehicle or vessel or found therin without consent

s. 339(2) - Dealer in second-hand goods (lumbering equipment without owner's consent)

s. 353(3)-(4) - Fail to keep record of transaction, sale of automotobile master key

s. 364(1) - Fraudulently obtaining food, beverage or accommodation

s. 393(3) - Fraudulently obtaining transportation

s. 398 – Falsifying employment record

s. 401(1) – Obtaining carriage by false billing

s. 419 – Unlawful use of military uniforms or certificates

s. 425 – Offences by employers

s. 438(2) – Interfering with saving of wreck

s. 439(1) – Interfering with marine signal (making fast vessel or boat)

s. 442 – Interfering with boundary lines

s. 447.1(2) – Breach of order (cruelty to animals)

s. 454 – Slugs and tokens

s. 456 – Defacing current coins

s. 457(3) – Likeness of bank-notes

s. 463(c) – Attempts, accessories – summary offences

s. 464(b) – Counselling offence that is not committed – summary offences

s. 465(1)(d) – Conspiracy – summary offences

s. 486.6(1) – Offence (fail to comply with orders restricting publication: sexual offences, victims and witnesses)

s. 487.0197 – Contravene preservation demand

s. 487.0198 – Contravene preservation or production order

s. 487.0199 – Destruction of preserved data

s. 487.08(3) – Use of bodily substances

s. 487.2 – Contravene restriction on publication (warrant)

s. 490.0312 – Offence (obligation to advise police service, NCR outside of Canada)

s. 517(2) – Failure to comply with order (Order directing matters not to be published for specified period)

s. 539(3) – Failure to comply with order (Order restricting publication of evidence taken at preliminary inquiry)

s. 542(2) – Restriction of publication of reports of preliminary inquiry (fail to comply re confession or admission of accused)

s. 648(2) – Restriction on publication (fail to comply re portion of trial where jury absent)

s. 649 – Disclosure of jury proceedings

s. 672.37(3) – Authorizing application for federal employment requiring applicant to disclose an NCR verdict where applicant discharged absolutely or not subject to disposition

s. 672.501(11) – Failure to comply (Order restricting publication – sexual offences, NCR)

s. 732.11(4) – Prohibition on use of bodily substance (contravene, re probation)

s. 742.31(4) – Prohibition on use of bodily substance (contravene, re conditional sentence)

s. 810.4(4) – Prohibition on use of bodily substance (contravene, re recognizance)

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