Lawyer says people have the right to challenge their COVID-19 ticket

Dylan Finlay, a Toronto criminal lawyer, was ticketed for using a chin-up bar at a local park. He said there were no signs at the time saying that the chin-up bar was off-limits and the park was open for people to walk or jog through.

Finlay received a ticket for $880 and said he intends to fight it. He adds, he doesn't believe he is an anti lockdown person and that some lockdown restrictions are required; however, “the government goes too far at times.” He says he is a lockdown skeptic in certain areas.

Dylan says the law does enforce COVID restrictions and gives people tickets. The people who receive those tickets also have the right to challenge them. 
“You can say the legislation went too far in this situation. Even if the legislation is upheld, you can say that maybe I am in the wrong here, and I did violate this law, but the sentence should not be a fine of nearly 1000 dollars. It should be morphed into a traffic violation where people can pay a 75 dollar fine.”

Dylan says there are a lot of options for people to take to fight these tickets. While charges are not being withdrawn, Dylan said those who received a ticket have three options. Option one is to go to trial. Option number two is to meet with the prosecutor and discuss the possibilities. Option three is to pay the fine.

Dylan recommends people speak with a prosecutor because it is possible you don't need to fight it. “Meet with a prosecutor and explain to them your financial situation, and explain why you made a mistake.  Hopefully, you can pay less than the 800 dollars, and if you are not happy with the prosecutor's offer, then it is your right to have a trial.” 

There is no minimum fine when violating COVID rules. The province has set the starting point of the penalty at the 800 dollar mark, which is very debilitating for many people. While some people may be under the impression, they don't have to choose an option presented with the ticket. Finlay says that is not the case. 

“You should respond to the options presented on the ticket. If not, you are at risk through the provincial defence act of being deemed not to dispute it, and you may be required to pay the fine. 

Finlay is still waiting for the prosecutor to discuss the options with his case, adding, for now, it is still in pandemic limbo.