For summary conviction matters, the defendant may appear personally, or by counsel, or by agent.1 Trial Judges, in the exercise of their power to control proceedings before them, may refuse to permit an accused to be represented by an agent in summary conviction court whenever it is necessary to do so to protect the proper administration of justice. Agents are now limited by section 802.1.
Section 802.1 prohibits an agent from representing an accused person at trial if that accused person is charged with a summary conviction offence for which the accused could be imprisoned for a period of time longer than six months. Section 801.1 applies only where the offense charged exposes the accused to imprisonment for more than six months. At least one court, without binding effect, has found that an accused charged with two summary conviction offences, each with a maximum penalty of 6 months imprisonment contained in one information could be represented by an agent.
The Law Society Act regulates agents appearing before courts or tribunals in Ontario. An “agent” who fails to comply with the regulations is disqualified from agency pursuant to Criminal Code sections 800, 802 and 802.1 and is not permitted to represent an accused charged with a summary conviction offence.3
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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