Tickets, please

If you spend any time camping, fishing, or boating you are probably very well aware of the rules and regulations to be followed in national parks or on other federal land or waterways. Perhaps you have even learned firsthand what happens if you fail to respect them.

You may not know, however, about some very important changes that come into effect this summer through the federal Contraventions Act.

In Ontario, as of August 1, a variety of federal infractions will be dealt with in a new, simpler way. In the past, if you were caught leaving a fishing line unattended in a national park, for example, you would be treated as a common criminal. You would have had to stand trial and, if convicted, would have got a criminal record. Under the new procedure, though, you would instead receive a ticket just like a provincial speeding ticket. The result is a system that is fairer and easier to administer.

There were numerous problems associated with the old process. Not only did it leave otherwise law-abiding citizens with criminal records, but with every single offence leading to a trial, it put a great deal of pressure on courts and law enforcement officers.

With the new process, the same rules and regulations still apply, but the means of enforcing them have changed dramatically. Now, if you break the rules you will still have to deal with a law enforcement officer, but instead of a summons to appear in court, you may receive a ticket. You then have two choices. Should you choose to pay the set fine shown on the ticket, the matter is closed. If you would rather appear in court to defend yourself, and you are found guilty, you will still not have a criminal conviction, and the amount of the fine won't change. In neither case would you be faced with a criminal record or the possibility of going to jail.

Let the punishment fit the crime

Most of us take pride in our status as law-abiding citizens. There is a real stigma, and often serious consequences, attached to a criminal conviction. It automatically leads to a criminal record, which can raise questions with potential employers and even be grounds for denial of a passport.

It is also a fundamental concept of our justice system that the punishment should fit the crime. Canadians don't want to see campers who fail to store their garbage properly treated as common criminals. But they do want those campers to understand the risk such action poses to their own safety and to our environment.

Under the previous rules, the careless campers would have had no choice but to go to court, even if they wanted to plead guilty. That meant taking time off work (and explaining it to the boss) and possibly having to travel back to where the infraction took place. And if they failed to show up for the trial, an arrest warrant might be issued.

Most infractions carried a range of penalties from fines to imprisonment. It was up to the presiding judge to decide on the exact penalty. The new process means that those who break the rules will be issued a ticket on the spot, and the fine for a given infraction will be the same no matter where it takes place.

Taking pressure off the courts

We all know that millions of taxpayers' dollars are spent every year on our court system. Every case brought to court, no matter how minor, involves preliminary administrative work and court time for prosecutors, clerks, judges, stenographers, and so on. That all costs a great deal of money. In addition, law enforcement officers have to appear in court to testify against each accused person. Obviously, the more time they spend in court, the less time they have to enforce the law.

The courts are an essential part of our justice system, and no accused person must ever be denied the right to a fair hearing. But for minor infractions, a trial should not automatically be needed. In a great many cases, the person involved admits guilt and would much rather pay the fine and avoid the time and trouble of going to court. That is exactly what the new process will allow.

Not all federal laws are covered by the Contraventions Act, of course. Many of the rules governing activity in national parks are covered, as are regulations dealing with boating restrictions, small vessels, historic canals and airport and government property. You might find yourself getting a ticket for, say, exceeding the daily fishing limit, letting your dog chase wildlife, or even destroying a beaver dam.

Criminal Code offences are not covered, nor are those falling under such acts as the Narcotics Control Act. Each federal department is responsible for reviewing laws and regulations under its jurisdiction to determine which should be dealt with through ticketing.

Rather than setting up a whole new agency and administrative system, the federal government is reaching agreements with all the provinces and territories to use their ticketing systems.

The system will come into effect in each province as the details are finalized, beginning with Ontario. Should you receive a ticket in Ontario, most likely from the OPP, the RCMP or park officers, you will find instructions on the back for paying the fine or proceeding with a trial.

If you would like more information about this new process, please feel free to call Richard Clair at (613) 998-5669, or check out the Justice Department Internet home page at <http://canada.justice.gc.ca>