Quasi-Criminal Prosecutions

There are many federal and provincial laws in addition to the criminal offences under the Criminal Code and Controlled Drugs and Substances Act that can result in penalties that may be as severe as those found in criminal law. Convictions for these “quasi-criminal” offences can include substantial fines and even jail time.

Quasi-Criminal Prosecutions

Quasi-Criminal prosecutions deal with breaches of Regulatory or Administrative Law, rather than Criminal Law. They are not classified as criminal charges because they are not based on breaking the Criminal Code or the Controlled Drugs and Substances Act.

While non-criminal in nature, Quasi-Criminal prosecutions share many similarities with criminal prosecutions. For example, some procedures in these cases can be similar to criminal cases. Moreover, the punishments imposed, such as jail, fines, or loss of an important licence, are also comparable. The loss of licences, such as a driver’s licence or a licence to serve alcohol, may affect someone’s ability to earn a living.

Typically, the decision-makers in Quasi-Criminal cases are not judges, but panels and/or tribunals of experts. A justice of the peace with special jurisdiction may also rule over a Quasi-Criminal case.

Despite the similarities between Quasi-Criminal and criminal cases, there are salient differences. Rules of evidence may be different 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.

Should you be found guilty of a Quasi-Criminal charge, you may be facing serious punishment, including imprisonment and monetary penalties.

At Hundal Law Firm, criminal law is not simply a vocation for us. It is our passion. Fighting for justice is in our DNA. Our firm provides focused legal representation to individuals facing criminal and quasi-criminal proceedings.

If you have been charged with a Quasi-Criminal offence, contact Hundal Law Firm today at (416) 888-0592.

Frequently Asked Questions

Quasi-Criminal offences relate to breaches of regulatory or administrative law. They are not criminal charges, and a conviction for a quasi-criminal offence will not result in a criminal record. However, there can still be serious penalties, including fines and jail time.

Quasi-criminal offences can be covered by federal, provincial, or municipal laws. Offences under the following Acts are examples of quasi-criminal offences:

  • Consumer Protection Act;
  • Environmental Protection Act;
  • Food and Drugs Act;
  • Highway Traffic Act;
  • Income Tax Act; and
  • Occupational Health and Safety Act.

  • Factual Innocence: Failure of the prosecutor to prove the elements of the offence, as required.
  • Due Diligence: Where the accused demonstrates that they acted with the care, diligence, and skill of a reasonably prudent person.

Just because a quasi-criminal conviction does not result in a criminal record does not mean that the penalties are minor. Absolute liability offences can result in heavy fines, but no jail time. Strict liability and other mens rea offences can result in fines, jail time, or both.

Absolute Liability Offences only require the prosecution to prove that an unlawful act or omission occurred. The prosecution does not have to prove that the defendant had any form of intent. The accused is not entitled to rely on a defence such as due diligence, necessity, or accident. Absolute liability offences can carry heavy fines, but no jail time.

An example of an absolute liability offence is failing to stop at a stop sign under the Highway Traffic Act.

Strict Liability Offences also require the prosecution to prove that an unlawful act or omission occurred, and they are not required to prove intention. However, the accused is entitled to prove due diligence as a defence to the charge. You can face both fines and jail time if convicted of a strict liability offence.

An example of a strict liability offence is careless driving under the Highway Traffic Act.

A Mens Rea Offence is like a criminal offence, in that the prosecution is required to prove both the physical act and the mental element (intent).

An example of a mens rea quasi-criminal offence is making a false statement on one’s tax return under the Income Tax Act.

A quasi-criminal offence is not a criminal offence, and a conviction for a quasi-criminal offence will not result in a criminal record. Quasi-criminal offences can involve morally blameworthy conduct. The prosecution of a quasi-criminal offence often proceeds in a similar manner to a criminal case in terms of procedure.

Areas Of Practice

Arson ›
Assault ›
Aggravated Assault Aggravated Sexual Assault Assault by Threat or Unlawful Confinement Assault Causing Bodily Harm Assaulting a Peace Officer Criminal Negligence Causing Bodily Harm Dangerous Operation of a Motor Vehicle
Assault with a Weapon ›
Bail Hearings ›
Bail Reviews ›
Breach of Probation ›
Break & Enter ›
Charter Applications ›
Conspiracy ›
Coroner's Inquests ›
Corporate Criminal Due Diligence ›
Criminal Appeals ›
Criminal Harassment ›
Dangerous Offender Applications ›
Domestic Assault ›
Drug Offences ›
Extradition ›
Fingerprint Destruction ›
Fraud ›
Breach of Trust Charity Fraud Credit Card Fraud Insurance Coverage Litigation Insurance Fraud Internet Fraud Medical Health Practitioner Fraud Medical Insurance Fraud Real Estate Fraud Tax Fraud Mortgage Fraud
Highway Traffic Act Offences ›
Careless Driving Dangerous Operation Driving While Prohibited Fail to Remain / Failure to Stop License Suspensions
Human Trafficking ›
Immigration Prosecutions ›
Impaired Driving (DUI) ›
Care and Control Fail to Provide a Suitable Breath or Blood Sample Impaired Operation / Care and Control Operation / Care and Control While Over 80 Refuse to Provide a Sample
Importing ›
Internet Related Charges ›
Mischief ›
Mischief Over $5000 Mischief Under $5000
Murder / Culpable Homicide ›
Obstruction of Justice ›
Pardons ›
Parole Hearings ›
Peace Bonds ›
Possession ›
Production ›
Professional Disciplinary Proceedings ›
Professional Negligence ›
Professional Regulation ›
Quasi-Criminal Prosecutions ›
Robbery ›
Sexual Assault ›
Child Pornography Commodification of Sexual Activity Incest Invitation to Sexual Touching Sexual Exploitation Sexual Interference
Tax Prosecutions ›
Theft ›
Criminal Interest Rate Identity Theft Mischief and Data Possession of Stolen Property Shoplifting Theft Over $5000 Theft Under $5000
Trafficking ›
Uttering Threats ›
Voyeurism ›
Weapons Offences ›
Firearm Use and Modification Possession Offences Prohibition Violations Trafficking & Smuggling
Youth Criminal Justice Act ›