Midterm Flashcards
What type of act is the POA
A procedural Act
What is another term for POA offences
Regulatory/public welfare offences
What process was used for “provincial offences” before the POA?
Criminal summary conviction process
Is jail time possible for provincial offences?
Only if the charging act allows it
Do you get a criminal record if you commit a provincial offence?
No
What act sets out rules for Ontario Courts?
Courts of justice act
Who is responsible for the administration of Part 1, 2, and 3?
1 and 2. Municipalities
3. Province
Who administered the POA courts and collects fine?
Municipalities
What are the responsibilities of the defendant/client?
Providing instructions to representative, Paying fines, surcharges, and costs, Testifying as witness
What do Provincial Offences Officers do?
o Investigate possible offences.
o Lays charges against defendant.
o Are called as witness for prosecution.
Who can be a POO
Can include police, opp, bylaw, special constable.
What is another term for a lawyer?
Barrister or solicitor
What is another term for a paralegal?
Agent
What are some responsibilities of the court administrative staff?
o Accepting payments
o Scheduling trials
o Arranging interpreters and officers to attend court.
o Answering general inquiries
What are some responsibilities of the Court Clerk?
o Commencing and closing proceedings
o Recording proceedings
o Administering oaths
o Collecting and itemizing exhibits
o Completing paperwork
What are the responsibilities of the Prosecutor?
o Preparing cases and evaluating charges
o Interviewing witnesses
o Providing disclosure
o Negotiating with defendant
o Presenting case in court
Who withdraws a case?
Prosecution
Who dismisses a case?
The Justice
How do you address the Justice of the Peace?
Your worship
What color sash does a justice wear?
Green
Does becoming a justice require legal training?
No. You just need ten years of full-time work experience.
What does part 1 deal with?
Minor Offences
What does part 2 deal with?
Parking offences
What does part 3 deal with?
Serious Offences
What is the limitation of service for a part 1?
the officer has 30 days to serve a notice of offence.
What is the limitation of service for a part 2?
Immediate
What is the limitation of service for a part 3?
Six months unless the charging act says something else.
What is the max fine for a part 1?
$1000
What is the max fine for a part 2?
$1000
What is the max fine for a part 3?
$5000, unless the charging act says something else
Do part 3s have set fines?
No
What is the charging document for a part 1, 2, and 3?
- Certificate of Offence
- Certificate of Parking Infraction
- Information
What document is served for a part 1, 2, and 3?
- Offence notice or summons
- Parking Infraction notice
- Summons
What are set fines?
Fixed amount for out-of-court guilty plea. They do not apply at trial.
What are the three categories of offences?
Mens Rea, Strict Liability, Absolute Liability
What is a mens rea offence?
o An offence that the defendant internally committed.
o Very few provincial offences are mens rea offences.
What is a strict liability offence?
An offence that if the defendant did it they are guilty.
What is an absolute liability offence?
Defendant liable even if not at fault
How do you know what type of offence and offence is?
Look to the charging act or case law.
What is the burden for proof for a mens rea offence?
Beyond a reasonable doubt
What is the burden for proof for a Strict liability offence?
Beyond a reasonable doubt. Onus switches to the defendant to prove they didn’t do it. Balance of probabilities
What is the burden for proof for an Absolute liability offence?
Beyond a reasonable doubt
In what case can offence not be classified as absolute liability?
If there is a possibility of incarceration. Due to charter issues.
What is the time frame for a defendant’s response for a part 1?
15 days
What is the time frame for a defendant’s response for a part2?
15 days + an additional 15 days
What is a lesser included offence?
A related lesser offence that has a lower fine
What is an ex-parte trial?
A trial that occurs when the defendant does not appear.
What does guilty with submissions mean?
They are pleading guilty but there might be some factors that affect payment.
Is attendance mandatory for a part 1?
No. You or your rep can appear
Is attendance mandatory for a part 3?
Yes
What is the special consideration for young people? (appearing in court)
They are always served with a summons and must appear at court
What is a set fine?
Set fines only apply for out of court resolutions. As soon as someone goes to court there is no guarantee.
What are the consequences of a guilty plea for a part 1,2 and 3?
o Part 1 and 3: Pay fine, plus costs and victim fine surcharge.
o Part 2: Pay fine, plus costs.
What is the purpose of a Notice of Intention to Appear?
o Used to request trial date.
o Indicate English or French and if interpreter needed.
What is the Charter section 11b timeline for POA
18 Months
When can motions take place?
o Prior to trial
o During the trial
o After the trial
What is a Pre-trial motion
o A motion brought in advance.
o Notice of motion served on other side at least three days prior to motion.
o Filed with court at least two days prior to motion.
o Affidavit: Contains evidence to support motion
o Part III: Consider factum or book of authorities.
What is a motion to adjourn?
A court order for a new date
How can motions to adjourn be brought?
o Pre-trial motion
o Without notice motion (orally)
o Administrative adjournment – usually one per side will be granted.
What is a motion for disclosure?
o A court order for additional relevant information
o It is brought by the defence.
What is a motion for Particulars?
A court order for additional information about the nature of the charges that were laid.
What is a motion to amend?
o A court order to fix minor errors.
o It is brought by the prosecution.
What is a motion to Quash?
o A court order to throw the matter out of court.
o It is brought by the defence.
What is a motion for Non-suit
If prosecution has not proven essential elements
What is a joinder?
A request to have two or more issues tried together
What is a severance?
A request to have two or more issues tried separately
What is an application to stay the proceeding?
A court order to discontinue prosecution of the offence
