Prosecutions under section 83 of the Criminal Code are few and far between and published reasons for judgement addressing such prosecutions are even more scarce. Recently unpublished reasons for judgement were shared with me addressing proceedings on a guilty plea during a section 83 prosecution in Ontario in 2003. I highlight these here for the sake of public access to information regarding such prosecutions.
In the 2003 case (R v. 1156579 Ontario Ltd.) the Defendant corporation along with two of its shareholders were charged with holding an unlawful prizefight contrary to section 83(1)(b) of the Criminal Code. A plea bargain was apparently struck with the corporation alone pleading guilty to the charge and the charges against the individuals were withdrawn. The Court went on to accept a proposed fine of $2,000. Following the guilty plea little analysis is done addressing appropriate sentences for these charges with the Court’s primary concern being the timelines needed to pay the fine.
You can find a full copy of the transcript of proceedings here: HMTQ v. 1156579 Ontario Ltd