Law Society of Ontario (LSO) Paralegal Practice Exam

Which of the following is NOT an offence created by the Provincial Offences Act?

1. Failure to attend court

2. Making a false statement

3. Drug trafficking

4. Breach of a probation order

The correct answer is: Drug trafficking

The choice of drug trafficking as an offence not created by the Provincial Offences Act is accurate because drug trafficking is a criminal offence that falls under the Criminal Code of Canada. The Provincial Offences Act primarily deals with summary conviction offences and regulatory offences at the provincial level, rather than serious criminal offences. In contrast, failure to attend court, making a false statement, and breach of a probation order can all be categorized under provincial offences. Failure to attend court may pertain to non-compliance with a summons, while making a false statement could relate to various provincial regulatory statutes. Breaching a probation order often connects to conditions set by a court under provincial legislation and is typically managed in provincial courts. Thus, understanding the distinction between criminal offences, which are governed by federal law, and provincial offences, which are governed by provincial statutes, clarifies why drug trafficking does not fall within the scope of the Provincial Offences Act.