Legal Question in Criminal Law in Canada

Violation of section 175(1)(a)(i) of the Ontario Criminal Code

On June 1st, 2003 I was arrested and jailed for violation of section 175(1)(a)(i) of the Ontario, Canada Criminal Code. After my brother was being dragged out of a Windsor club for arguing about what turned out to be a descrepancy on our bill I followed to see what was going on. On my way out the door I was put in a head-lock and punched in the forehead and then thrown outside where local police officers proceeded to push us around. After walking about 20 feet away from the officers I proceeded to shout at the bouncers standing in the doorway of the club. The police officers warned our group to leave the area. I unfortunately did not and continued to shout out of anger about the way we were being treated. Bail was set at $500 cash and was posted Sunday morning at 8:25. My question is this: If I go back to Windsor to court will my fine be more than $500? Also, I'm not trying to fight the charges but what can I say or do in court to try to lessen the penalty?


Asked on 6/03/03, 9:43 am

1 Answer from Attorneys
Kenneth Golish Golish, Kenneth W.

Re: Violation of section 175(1)(a)(i) of the Ontario Criminal Code

As a criminal defence lawyer in Windsor, I regularly deal with these kind of matters for US-resident clients. It is often possible to get a resolution of these cases by having the charge diverted out of court. In a number of instances, I am able to make the appropriate arrangements with the client so that by signing a few papers and by paying some additional fees, the client is able to avoid a conviction without ever coming to court! This is preferable to having a warrant issued for your arrest and facing a charge of failing to appear in court. Failing to appear in court will make you inadmissible to Canada if convicted. You may not care about having a warrant for your arrest in Canada or being inadmissible to this country, but a record of that information about an outstanding warrant is available to US police and government authorities. It is therefore better to have a lawyer appear on your behalf. You make check out my website at www.1law1.com.

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Answered on 6/04/03, 11:14 am


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