What to do if you get a ticket or summons under Covid public health orders?

Due to an unprecedented demand for the Justice Centre’s limited resources, we are not able to offer representation at the initial stages of addressing Covid tickets or summonses.

Rather, the Justice Centre will be considering whether to represent a person on a ticket or summons once it has been scheduled for trial.  The Justice Centre provides the following information to assist individuals in beginning the process in dealing tickets or summonses:

Tickets

Tickets are distinct from summonses because they will have a set amount of fine and will not necessarily have a court date.  If you have received a ticket the first step you need to take is to dispute your ticket.  There will be information on the ticket itself on how to dispute it.  You may have to call the number on the ticket, mail in your dispute notice, or attend at the courthouse in person to dispute your ticket.

Once you have completed this step you will receive your first court date either in the mail or via email.  When you have your first court date you need to appear in court, let the court know that:

  1. You are pleading not guilty
  2. You are requesting disclosure
  3. You will be filing a charter challenge as you believe the measures under which you were ticketed are unconstitutional

Once you have disclosure, the court may ask you to speak to a prosecutor to see if there is any way of resolving your matter.  You are welcome to speak to the prosecutor to see what their position is, but you are not obligated to agree to their position and you can insist on having a trial.

When all of the above steps have been completed you will be given a trial date.  When you have a trial date (not a first appearance) please contact us and we will review your disclosure and determine whether we will represent you at trial. 

Summons

A Summons is distinct from a ticket because it will generally not have a set fine (except in the province of Manitoba) but will have a court date.  If you have a summons with a court date, please take the following steps.

Attend court on your first appearance, please note this is not your trial date but only a first appearance.  At this appearance you will:

  1. Plead not guilty
  2. Request disclosure
  3. Inform the Court that you will be filing a charter challenge as you believe the measures under which you were summoned are unconstitutional

Once you have disclosure the court may ask you to speak to a prosecutor to see if there is any way of resolving your matter.  You are welcome to speak to the prosecutor to see what their position is, but you are not obligated to agree to their position or offer, and you can insist on having a trial.

When all of the above steps have been completed you will be given a trial date.  When you have a trial date (not a first appearance) please contact us and we will review your disclosure and decide whether we are in a position to represent you.