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Ontario Highway Traffic Act

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Representative?
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PostPosted: Thu Apr 09, 2015 10:21 am 
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Joined: Thu Apr 09, 2015 9:54 am
Posts: 3
I want to represent my wife in a trial over her speeding ticket. This is a minor offense. She doesn't speak English very well, nor have any concept of Canadian Law. I don't think we should have to hire a lawyer or paralegal to defend a $60 ticket.

According to Provincial Offences Act in Interpretation: " 'representative' means, in respect of a proceeding to which this Act applies, a person authorized under the Law Society Act to represent a person in that proceeding". The Law Society determines who can practice law and provided "legal services".

Would I really not be able to represent my wife for this charge? I mean the Prosecutor is not a lawyer, the Justice presiding the case is not a lawyer why do I have do be "authorized" by the Canadian Law Society?

I don't claim to have any knowledge of the law beyond having taken a couple of elementary law courses at University, being able to read up on how the proceedings work and being able to communicate effectively in English.

Thanks for any advice you can provide. Cheers.


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Re: Representative?
PostPosted: Thu Apr 09, 2015 11:14 am 
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Newbie

Joined: Thu Apr 09, 2015 9:54 am
Posts: 3
Update:

I found this in By-Law 4 of the Law Society of Upper Canada:

Acting for family
5.1. An individual,
i. whose profession or occupation is not and does not include the provision
of legal services or the practice of law,
ii. who provides the legal services only for and on behalf of a related person,
within the meaning of the Income Tax Act (Canada), and
iii. who does not expect and does not receive any compensation, including a
fee, gain or reward, direct or indirect, for the provision of the legal
services.

Anyone with some legal experience that can weigh in on this?


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Re: Representative?
PostPosted: Thu Apr 09, 2015 6:36 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
It shouldn't be an issue for you to represent her, you'll just have to show it's with her permission. Either she'll need to attend to verify that or you'll want some kind of signed note from your wife authorizing you to act on her behalf.


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Re: Representative?
PostPosted: Fri Apr 10, 2015 7:09 pm 
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Jr. Member

Joined: Thu Apr 09, 2015 9:16 pm
Posts: 38
Stanton wrote:
It shouldn't be an issue for you to represent her, you'll just have to show it's with her permission. Either she'll need to attend to verify that or you'll want some kind of signed note from your wife authorizing you to act on her behalf.


Stanton, could you please explain what representatives can do and what they cannot do?

Can they request disclosure or stay on their behalf or it must be signed by their defendants?

Can they go to the trial instead of their defendants or just with their defendants?

Can they plead guilty or request adjournments, stays, etc. during the trial if their defendants are not present?

Thanks.


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