Toronto Care and Control Lawyer
Pyzer Criminal Lawyers is a Toronto criminal defence law firm defending clients charged under Section 320.14 of the Criminal Code of Canada, the operation while impaired provision. Our care and control lawyers represent individuals across the Greater Toronto Area, including Mississauga, Brampton, Scarborough, Hamilton, Barrie, Oshawa, and Newmarket, who have been charged with impaired care and control, care and control over 80, or drug-impaired care and control. If you’ve been charged, retaining experienced legal representation as soon as possible can make a meaningful difference to your case.
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Why Clients Across the GTA Choose Pyzer Criminal Lawyers
Pyzer Criminal Lawyers has been defending clients against criminal charges in Toronto and across Ontario since 2002. Our lawyers, including Jonathan Pyzer and Jasmine Mann, bring extensive experience defending care and control charges, impaired driving matters, and over 80 charges before Ontario courts. If you’re looking for a Toronto care and control defence lawyer with a track record in these cases, our firm has the courtroom experience to help.
Established in 2002: over two decades defending clients in Toronto and Ontario courts
4.9-star rating based on 150+ reviews: a consistent record of client satisfaction
Hundreds of cases successfully defended: across a wide range of criminal matters
Available 24/7: arrests and urgent legal needs don’t follow business hours
Free case evaluation: understand your options with no financial obligation
Confidential consultation: everything you share is protected by solicitor-client privilege
Members of the Law Society of Ontario, the Criminal Lawyers’ Association, and the Toronto Lawyers Association
Every case gets the same approach: thorough preparation, clear communication, and determined advocacy. We pursue every viable argument, negotiate with Crown counsel when it’s in your favour, and go to trial when that’s the right call.
Were You Found in a Parked Car? You May Still Face a Care and Control Charge
A lot of people are genuinely blindsided by this charge. They weren’t driving. The car was parked. Some weren’t even planning to drive; they were waiting for a ride, sleeping it off, or just sitting. And then the police showed up.
A charge under Section 320.14 of the Criminal Code of Canada does not require that you were actively operating a vehicle. The offence applies when a person has care or control of a conveyance while impaired by alcohol or drugs, even if the vehicle was stationary and the engine was off.
The current Criminal Code also creates a presumption of operation if the accused occupied the seat ordinarily occupied by the driver, unless they establish that they were not there for the purpose of setting the vehicle in motion. In addition, Canadian courts have found care and control established in situations, including sleeping in a parked car, sitting in the driver’s seat with keys in the ignition, and remaining in a vehicle outside a bar or restaurant.
Consequences of a Care and Control Conviction in Ontario
Understanding what’s at stake helps you make an informed decision about your defence. A care and control conviction under Section 320.14 carries consequences under both federal and Ontario provincial law.
A first-offence care and control conviction in Ontario carries at least a $1,000 fine in many cases, though higher first-offence minimum fines can apply at higher blood alcohol concentration tiers, a mandatory federal driving prohibition of at least one year and up to three years, and a criminal record.
Ontario’s immediate roadside consequences can include a 90-day licence suspension and a 7-day vehicle impoundment. If convicted, Ontario also imposes at least a one-year licence suspension, a mandatory education or treatment program, and ignition interlock requirements for at least one year. Automobile insurance premiums typically increase substantially for three to six years following a conviction.
First offence:
- Minimum $1,000 fine, with higher minimum fines for some BAC results
- Mandatory 12-month federal driving prohibition
- Criminal record
- Immediate 90-day Ontario licence suspension and 7-day vehicle impoundment may apply
- One-year Ontario licence suspension upon conviction
- Mandatory ignition interlock upon licence reinstatement
- Substantially higher auto insurance premiums for three to six years
Second offence (within 10 years):
- Minimum 30 days’ imprisonment
- Minimum two-year federal driving prohibition
- Escalating provincial consequences
Third offence:
- Minimum 120 days’ imprisonment
- Minimum three-year federal driving prohibition
Additional consequences worth knowing about:
US border travel: A care and control conviction under the Criminal Code of Canada can create serious cross-border travel problems and may affect eligibility for programs like NEXUS.
Employment and professional licences: Many regulated professions in Ontario require disclosure of criminal charges and convictions. Commercial drivers holding AZ or DZ licences can face particularly serious employment consequences.
Immigration status: Non-Canadian citizens charged with or convicted of a care and control offence should seek legal advice promptly about potential immigration implications.
How Our Toronto Care and Control Lawyers Approach Your Defence
A care and control charge is not the same as a straightforward impaired driving charge, and the defence strategy has to reflect that. At Pyzer Criminal Lawyers, every case starts with thorough preparation and a detailed review of all disclosure materials. There are seven distinct areas where the Crown’s case can be challenged or where your rights under the Canadian Charter of Rights and Freedoms may have been violated.
1. Rebutting the Presumption of Care and Control
Under Section 320.35, if you were found in the driver’s seat, the law presumes you were operating the vehicle unless you establish that you were not there for the purpose of setting it in motion.
What kind of evidence matters here? Text messages arranging a ride. Witness accounts of your behaviour and stated intentions. Where the keys were when police arrived. Whether you took any steps toward operating the vehicle at all. Where the facts support it, rebutting this presumption is often the foundation of the entire defence.
2. The Lawfulness of the Roadside Stop
Every care and control charge starts with a police encounter. Under Section 9 of the Charter, you have the right not to be arbitrarily detained. If the initial detention, stop, or police investigation lacked lawful grounds, any evidence obtained as a result, including breathalyzer readings, may be excludable under Section 24(2) of the Charter. Reviewing the circumstances of the stop is a standard part of how we prepare every case.
3. The Right to Retain and Instruct Counsel
Section 10(b) of the Charter guarantees your right to retain and instruct counsel without delay upon detention, and to be informed of that right. If police failed to clearly tell you about your right to a lawyer, didn’t give you a real opportunity to call one, or demanded a breath sample before you had a genuine chance to speak with counsel, that’s a potential Charter breach. Charter breaches can have significant implications for the admissibility of the evidence against you.
4. The Approved Screening Device Demand
At the roadside, police use an Approved Screening Device (ASD) to get an initial breath reading. In some cases, police rely on reasonable suspicion that alcohol or a drug is in the body. In other roadside alcohol cases, mandatory alcohol screening may allow an ASD demand from a lawfully stopped driver even without suspicion, if the statutory requirements are met. If the demand was unlawful, or if the device wasn’t properly operated, the lawfulness of the demand can be challenged.
5. The Approved Instrument Evidence
The formal breathalyzer test at the station uses an Approved Instrument. The Criminal Code creates a presumption that the readings are accurate, but that presumption can be challenged. Potential issues include statutory compliance, timing, disclosure, qualified technician procedure, and whether the legal preconditions for relying on the readings were met.
6. Drug Impairment Evidence
For drug-impaired care and control charges, the Crown’s case typically rests on a Drug Recognition Evaluation (DRE) conducted by a specially trained officer, plus blood or urine samples analysed in a certified laboratory. Every step in that process, the evaluation, sample collection, chain of custody, and lab analysis, has to meet specific procedural and legal requirements. Gaps or errors at any stage are subject to challenge.
7. Sentencing Considerations
When the evidence doesn’t support an acquittal, skilled representation still matters at sentencing. Our lawyers work to identify every available mitigating factor, advocate for minimum penalties where appropriate, and work to limit consequences like driving prohibition length and probation terms. Care and control offences under the current Criminal Code don’t permit discharges, but effective submissions at sentencing can meaningfully affect the outcome.
What Happens After a Care and Control Charge in Toronto
When police lay a charge under Section 320.14, the immediate consequences begin before any court proceeding. In many cases, Ontario law allows an immediate 90-day licence suspension and a 7-day vehicle impoundment. You will be released with an appearance notice, undertaking, release order, or other release document, depending on the circumstances, and instructed to follow the terms of your release and any applicable licence suspension.
Your first court date is generally scheduled four to eight weeks after the charge. This is an administrative appearance where your lawyer can begin obtaining disclosure and speaking with Crown counsel. No plea is required at this stage.
Disclosure review is one of the most important steps in building your defence. Once retained, our lawyers gather everything the Crown plans to rely on — police notes, arrest records, breathalyzer calibration records, ASD maintenance logs, and any available video footage.
Resolution or trial: Many care and control matters in Toronto are resolved through negotiations with Crown counsel without going to trial. Where the evidence warrants it, though, Pyzer Criminal Lawyers is prepared to take your case to trial.
How long does a care and control case take in Toronto? Realistically, most matters take between six months and two years, depending on complexity, whether a trial is required, and current scheduling at the Ontario Court of Justice.
What Happens After You Call Us
Free case evaluation: We review the facts you have now, explain the charge(s) against you, and give you a clear next-step plan.
Early file review: We start with disclosure, release terms, and the immediate risks in your case.
Condition strategy: If your release terms are creating serious problems, we assess whether a variation application is appropriate.
Defence and resolution planning: We map the strongest route based on the evidence, your goals, and the court process.
Court representation: We appear in court on your matter and guide you on when your attendance is required.
Wider impact planning: We flag work, travel, and immigration concerns early so they are not left to the end.
Frequently Asked Questions About Care and Control Charges in Toronto
Care and control is a concept captured under Section 320.14 of the Criminal Code of Canada, which governs impaired operation. While impaired driving requires that a person was operating a vehicle, care and control applies when a person had care or control of a conveyance while impaired, even if the vehicle was not in motion. Both are serious criminal charges carrying similar penalties, but the available defences and the elements the Crown must prove differ in important ways.
Yes. The Criminal Code can treat a person in the driver’s seat as having been operating the vehicle unless they establish that they were not there for the purpose of setting it in motion. What matters is the full factual context, including your location in the vehicle, the position of the keys, and the surrounding evidence.
This is one of the most frequently occurring care and control scenarios. Whether remaining in a vehicle to sleep constitutes care and control depends on the specific circumstances: where in the vehicle you were located, where the keys were, whether the engine was running, and what evidence exists about your intentions. Courts have reached different conclusions in sleeping cases depending on these facts. An assessment of the specific evidence in your case is necessary to identify the most appropriate defence strategy.
Yes. A conviction under Section 320.14 of the Criminal Code of Canada results in a permanent criminal record unless a record suspension is subsequently granted by the Parole Board of Canada. A criminal record can affect employment opportunities, applications for professional licences, travel to the United States, and immigration status for non-citizens.
Charges may be withdrawn by the Crown where the evidence is insufficient to support a conviction, where Charter breaches have occurred, or following discussions with defence counsel. The decision to withdraw rests with the Crown attorney. Not all care and control charges result in conviction; some are withdrawn, some result in acquittals at trial, and in some cases, the charge may be resolved on a lesser basis following negotiations. An assessment of the Crown’s disclosure materials is the starting point for evaluating the strength of the case against you.
A care and control conviction under the Criminal Code of Canada can create serious cross-border travel issues and may affect eligibility for NEXUS. The exact immigration consequences depend on U.S. law and the facts of the case.
Legal fees depend on the complexity of the case, the amount of preparation required, and whether the matter proceeds to trial. Pyzer Criminal Lawyers offers a free case evaluation to help prospective clients understand their situation and discuss fees before making any commitment. We are committed to providing effective and affordable legal representation. Contact us to discuss your matter and receive transparent information about what representation would involve.
You are not required to answer questions from the police about where you were, what you consumed, or why you were in the vehicle. The Canadian Charter of Rights and Freedoms protects your right to remain silent. You are required to identify yourself, but you should exercise your right to silence and your right to speak with a lawyer before making any statements. Statements made to police can be used against you in court.
Serving Care and Control Clients Across Toronto and Ontario
Our care and control lawyers represent clients from across the Greater Toronto Area and throughout Ontario. We appear regularly in the Ontario Court of Justice at Old City Hall, College Park, 1000 Finch Avenue West, as well as courts in Brampton, Mississauga, Scarborough, Barrie, Hamilton, Oshawa, and Newmarket.
Whether your charge arose in downtown Toronto, North York, Etobicoke, Vaughan, Markham, Richmond Hill, or elsewhere in the province, Pyzer Criminal Lawyers has the experience and resources to assist you. Learn more about our related practice areas: impaired driving lawyer Toronto, over 80 charges Toronto, and criminal defence lawyers Toronto.
What to Expect When You Retain Pyzer Criminal Lawyers
Free Case Evaluation. We review the facts of your situation and explain the charge clearly. We walk through your options and give you straight information about fees. No cost, no obligation.
Immediate Steps. We obtain disclosure from the Crown and start a thorough review of the evidence: recordings, text messages, and witness statements. We identify weaknesses in the Crown’s case and any applicable Charter issues.
Bail and Release Conditions. If you’re under a no-contact order or other restrictive conditions, we assess whether a variation application is appropriate and move quickly if it is.
Defence Strategy. Based on the evidence and the circumstances, we build a defence plan. That might mean negotiating with the Crown Attorney for withdrawal, pursuing a peace bond or discharge, or preparing a trial defence. Whatever approach best serves your interests.
Court Representation. We attend court on your behalf at the applicable Toronto courthouse or wherever your matter is scheduled. In many cases, you won’t need to attend every court appearance personally.
Broader Impact Guidance. We advise you on how to address the wider consequences of the charge, including travel and immigration implications.
Speak with a Toronto Care and Control Lawyer Today
A care and control charge carries real consequences for your driving privileges, your employment, your travel, and your record. Retaining experienced legal counsel as soon as possible after a charge gives your defence the best opportunity to develop. Pyzer Criminal Lawyers has been defending clients against care and control and impaired driving charges in Toronto and Ontario since 2002. We are available around the clock, every day of the year.
Your case evaluation is free, completely confidential, and carries no obligation. Call or submit your information, and a member of our team will be in contact with you promptly.
