Block fees: Excluded charges and proceedings
The list of block fee exclusions includes a wide range of complex proceedings and indictable offences. For example, LAO automatically excludes:
Charged excluded
- Conspiracy to commit indictable offences
- Criminal organization offences
- Homicides and other offences involving loss of life (including Attempt Murder and Counseling Offences)
- Offences against children
- Offences involving use of firearms – mandatory minimum sentences
- Offences with complex issues or stigma attached, ex. sexual assault
- Terrorism offence
For a full listing of excluded charges, please see below.
Proceedings excluded
- Appeals
- Breach of conditional sentences
- Big Case Management (BCM)
- Complex Case Rate (CCR) cases
- Dangerous offender proceedings
- Extradition proceedings – which should be billed hourly according to the regular tariff; lawyers with an extradition certificate that does not authorize block fee excluded criminal charges should contact the district office or the Lawyer Services & Payments department for permission to bill their account hourly according to the regular tariff.
- Long-term offender applications
- Miscarriage of justice reviews
- Protocol Case Unit cases
- Ontario Review Board (ORB) hearings
- Youth Criminal Justice Act (YCJA) matters
Excluded matters will be paid according to the hourly tariff.
The most serious charge on a certificate determines whether the matter will be paid by the hourly tariff or block fees. All charges and proceedings on “excluded” certificates will be paid under the hourly tariff, even if the certificate includes block fee-eligible charges.
Any block fee-eligible certificate that is not resolved will be paid by the hourly tariff.
New categories of charges or proceedings are automatically excluded from block fees.
Listing of excluded charges
Excluded charges cover very serious criminal charges or offences. These charge(s) are
paid by the hourly tariff and are not part of the block fee program.
- A
- Abandoning child
- Abduction in contravention of custody order
- Abduction of person under 16
- Accessing child pornography
- Accessory after fact to murder, attempt murder, counselling murder, conspiracy to commit murder
- Administer noxious substance – intent to endanger life or cause bodily harm
- Aggravated sexual assault
- Aggravated sexual assault – firearm used
- Aggravated sexual assault – use of restricted or prohibited firearm, or involves organized crime
- Arson
- Attempt murder – firearm used
- Attempt murder – use of restricted or prohibited firearm, or involves organized crime and is second or subsequent offence
- Attempt murder – use of restricted or prohibited firearm or involves organized crime and is first offence
- Attempt to procure sexual activity from minor (under 16)
- Attempt to procure sexual activity from minor (under 18)
- Attempt abduction of person under 16
- B
- Buggery [historical offence]
- C
- Commission of offence for criminal organization
- Commit indictable offence for terrorist group
- Conspiracy to break into dwelling
- Conspiracy to commit aggravated assault
- Conspiracy to commit arson
- Conspiracy to commit arson (danger to life)
- Conspiracy to commit robbery
- Conspiracy to commit fraud over
- Conspiracy to commit terrorism
- Conspiracy to commit theft over
- Conspiracy to import or traffic narcotics
- Conspiracy to sell prohibited weapons (firearms)
- Conspiracy to sell prohibited weapons (not firearms)
- Conspiracy to use forged documents
- Corrupting children
- Criminal negligence causing death
- Criminal negligence causing death – firearm used
- Cultivation – cannabis (large-scale grow-op)*
- D
- Dangerous driving causing death
- Dangerous driving causing death – street-racing
- Dangerous Offender proceedings
- Discharge firearm with intent
- Discharge firearm with intent – use of restricted or prohibited firearm, or involves organized crime
- E
- Endangering safety of aircraft
- Extradition proceedings
- Extraordinary remedies / prerogative writs
- Extortion*
- Extortion – firearm used
- Extortion – use of restricted or prohibited firearm, or involves organized crime
- F
- Facilitating terrorism
- Fail to provide necessities of life
- Failing to remain causing death
- Financing terrorism
- Flight in motor vehicle causing death
- G
- Gross indecency
- H
- Harbour or conceal person – terrorist activity
- Hoax regarding terrorist activity
- Hostage taking
- Hostage taking – firearm used
- Hostage taking – use of restricted or prohibited firearm, or involves
organized crime
- Impaired driving/driving over 80 causing death
- Importing child pornography
- Importing narcotics – Schedule I and Schedule II*
- Incest
- Indecent assault on female [historical offence]
- Indecent assault on male [historical offence]
- Infanticide
- Instructing offence for criminal organization
- Instructing to carry out terrorist activity
- Intent to cause explosion that is likely to cause death or serious bodily harm
- Invitation to sexual touching
- Kidnapping
- Kidnapping – firearm used
- Kidnapping – use of restricted or prohibited firearm, or involves organized crime
- Living on avails of prostitution of person under 18
- Luring child by means of computer system
- Making available, printing, distributing, selling child pornography
- Making child pornography
- Manslaughter
- Murder – first and second degree
- Participate in or contribute to activity of terrorist group
- Participation in activities of criminal organization
- Possession of child pornography
- Possession of explosive substance for criminal organization
- Possession of weapons (firearms) for purpose of trafficking*
- Procure sexual activity from minor (under 18)
- Procure sexual activity from minor (under 16)
- Produce Schedule I or Schedule II drug (other than cannabis)*
- Rape [historical offence]
- Robbery – firearm used
- Robbery – use of restricted or prohibited firearm, or involves organized crime
- Setting trap causing death
- Sexual assault
- Sexual assault causing bodily harm – firearm used
- Sexual assault causing bodily harm – use of restricted or prohibited firearm, or involves organized crime
- Sexual assault with a weapon – firearm used
- Sexual assault with a weapon – restricted or prohibited firearm used
- Sexual exploitation
- Sexual interference
- Trafficking in persons – causing death
- Trafficking in persons – commit aggravated assault or aggravated sexual assault
- Using explosives with intent to cause bodily harm
- Using or possessing property for terrorist activity
- Weapons trafficking (firearms)*