The introduction of Covid-19 in Ontario prompted the provincial government and local government authorities to enact regulations and criminal offences related to ‘social isolation’.Instead of being charged with a crime, these regulatory bylaw violations are deemed provincial offences. These regulations should be taken seriously since they limit personal freedoms and create penalties that may include fines and incarceration.
Which are the Social Distancing-Related Offenses in Toronto Parks?
Mayor John Tory issued two emergency measures on April 1 and 3 governing social distance in City of Toronto parks and public spaces. According to city bylaws, those who don’t live together must maintain a minimum distance of 2 meters between them. The fixed penalty is $1,000. A Part 3 ticket, which requires the offence to be prosecuted in court, may also be issued by officers. The maximum fine in this situation is $5,000. Covid-19 Enforcement Teams are specifically assigned to patrol parks and public spaces.
Which are Ontario’s Social Gathering Offences?
Also, there is a provincial decree in effect that forbids social gatherings of much more than five persons. In addition to other extremely limited restrictions, the order doesn’t really apply to private households with more than five individuals. For instance, up to 10 individuals may be present at a funeral at any same moment. The Emergency Management and Civil Protection Act is the source of this legislation. The Act has harsher penalties than the bylaws of the City mentioned above. These can result in fines of $75 to $100,000 and/or up to one year in prison. These offences would be regarded as “quasi-criminal” charges since they carry a jail sentence.
The first major citation issued by Brampton under this Act was on April 1, when a person hosted a gathering at their home that attracted 20 individuals.
What does Social Distancing Via the Closure of ‘Non-Essential’ Companies and Governmental Entities?
The Emergency Management and Civil Protection Act has also been utilized by the Ontario government to shut down a variety of private and governmental organizations. This decree became operative on March 24, 2020.
According to the Ontario Emergency Act, it is a crime to disobey this order. Punishments may be severe. An individual business owner, for instance, might face a $100,000 fine and a year in jail. The maximum fine for business directors is $500,000. Penalties for businesses are capped at $10,000,000! Judges can decide how much to fine individuals based on their own judgment.
What does Social Distancing after Returning from travel mean?
Every Canadian province and territory, including Ontario, have passed a law requiring those returning from foreign travel to stay at home for 14 days.
If you are granted permission to enter Canada, you will be:
- Provided instructions regarding your responsibilities under the emergency order; questioned to determine whether you have a cough, fever, or respiratory difficulties necessary to agree that you must self-isolate
- The Quarantine Act makes it illegal to disobey any instructions that were given to you when you entered Canada, and violators face up to 6 months in jail and/or fines of $750,000.
A person who willfully or deliberately violates this act or the rules and puts another person in danger of death or serious bodily damage might also face a fine of up to $1,000,000 or a 3-year prison sentence (or both).
If you are uncertain about your risk of Covid-19 exposure after being charged, the first thing to do is to seek Kisel Law, legal counsel. Charges should not be taken lightly due to the potential for fines and jail time. Call (289)-835-3465 for additional information or a free consultation.