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POA > Midterm > Flashcards

Midterm Flashcards

1
Q

What type of act is the POA

A

A procedural Act

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2
Q

What is another term for POA offences

A

Regulatory/public welfare offences

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3
Q

What process was used for “provincial offences” before the POA?

A

Criminal summary conviction process

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4
Q

Is jail time possible for provincial offences?

A

Only if the charging act allows it

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5
Q

Do you get a criminal record if you commit a provincial offence?

A

No

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6
Q

What act sets out rules for Ontario Courts?

A

Courts of justice act

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7
Q

Who is responsible for the administration of Part 1, 2, and 3?

A

1 and 2. Municipalities
3. Province

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8
Q

Who administered the POA courts and collects fine?

A

Municipalities

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9
Q

What are the responsibilities of the defendant/client?

A

Providing instructions to representative, Paying fines, surcharges, and costs, Testifying as witness

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10
Q

What do Provincial Offences Officers do?

A

o Investigate possible offences.
o Lays charges against defendant.
o Are called as witness for prosecution.

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11
Q

Who can be a POO

A

Can include police, opp, bylaw, special constable.

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12
Q

What is another term for a lawyer?

A

Barrister or solicitor

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13
Q

What is another term for a paralegal?

A

Agent

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14
Q

What are some responsibilities of the court administrative staff?

A

o Accepting payments
o Scheduling trials
o Arranging interpreters and officers to attend court.
o Answering general inquiries

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15
Q

What are some responsibilities of the Court Clerk?

A

o Commencing and closing proceedings
o Recording proceedings
o Administering oaths
o Collecting and itemizing exhibits
o Completing paperwork

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16
Q

What are the responsibilities of the Prosecutor?

A

o Preparing cases and evaluating charges
o Interviewing witnesses
o Providing disclosure
o Negotiating with defendant
o Presenting case in court

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17
Q

Who withdraws a case?

A

Prosecution

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18
Q

Who dismisses a case?

A

The Justice

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19
Q

How do you address the Justice of the Peace?

A

Your worship

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20
Q

What color sash does a justice wear?

A

Green

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21
Q

Does becoming a justice require legal training?

A

No. You just need ten years of full-time work experience.

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22
Q

What does part 1 deal with?

A

Minor Offences

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23
Q

What does part 2 deal with?

A

Parking offences

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24
Q

What does part 3 deal with?

A

Serious Offences

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25
Q

What is the limitation of service for a part 1?

A

the officer has 30 days to serve a notice of offence.

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26
Q

What is the limitation of service for a part 2?

A

Immediate

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27
Q

What is the limitation of service for a part 3?

A

Six months unless the charging act says something else.

28
Q

What is the max fine for a part 1?

A

$1000

29
Q

What is the max fine for a part 2?

A

$1000

30
Q

What is the max fine for a part 3?

A

$5000, unless the charging act says something else

31
Q

Do part 3s have set fines?

A

No

32
Q

What is the charging document for a part 1, 2, and 3?

A
  1. Certificate of Offence
  2. Certificate of Parking Infraction
  3. Information
33
Q

What document is served for a part 1, 2, and 3?

A
  1. Offence notice or summons
  2. Parking Infraction notice
  3. Summons
34
Q

What are set fines?

A

Fixed amount for out-of-court guilty plea. They do not apply at trial.

35
Q

What are the three categories of offences?

A

Mens Rea, Strict Liability, Absolute Liability

36
Q

What is a mens rea offence?

A

o An offence that the defendant internally committed.
o Very few provincial offences are mens rea offences.

37
Q

What is a strict liability offence?

A

An offence that if the defendant did it they are guilty.

38
Q

What is an absolute liability offence?

A

Defendant liable even if not at fault

39
Q

How do you know what type of offence and offence is?

A

Look to the charging act or case law.

40
Q

What is the burden for proof for a mens rea offence?

A

Beyond a reasonable doubt

41
Q

What is the burden for proof for a Strict liability offence?

A

Beyond a reasonable doubt. Onus switches to the defendant to prove they didn’t do it. Balance of probabilities

42
Q

What is the burden for proof for an Absolute liability offence?

A

Beyond a reasonable doubt

43
Q

In what case can offence not be classified as absolute liability?

A

If there is a possibility of incarceration. Due to charter issues.

44
Q

What is the time frame for a defendant’s response for a part 1?

A

15 days

45
Q

What is the time frame for a defendant’s response for a part2?

A

15 days + an additional 15 days

46
Q

What is a lesser included offence?

A

A related lesser offence that has a lower fine

47
Q

What is an ex-parte trial?

A

A trial that occurs when the defendant does not appear.

48
Q

What does guilty with submissions mean?

A

They are pleading guilty but there might be some factors that affect payment.

49
Q

Is attendance mandatory for a part 1?

A

No. You or your rep can appear

50
Q

Is attendance mandatory for a part 3?

A

Yes

51
Q

What is the special consideration for young people? (appearing in court)

A

They are always served with a summons and must appear at court

52
Q

What is a set fine?

A

Set fines only apply for out of court resolutions. As soon as someone goes to court there is no guarantee.

53
Q

What are the consequences of a guilty plea for a part 1,2 and 3?

A

o Part 1 and 3: Pay fine, plus costs and victim fine surcharge.
o Part 2: Pay fine, plus costs.

54
Q

What is the purpose of a Notice of Intention to Appear?

A

o Used to request trial date.
o Indicate English or French and if interpreter needed.

55
Q

What is the Charter section 11b timeline for POA

A

18 Months

56
Q

When can motions take place?

A

o Prior to trial
o During the trial
o After the trial

57
Q

What is a Pre-trial motion

A

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.

58
Q

What is a motion to adjourn?

A

A court order for a new date

59
Q

How can motions to adjourn be brought?

A

o Pre-trial motion
o Without notice motion (orally)
o Administrative adjournment – usually one per side will be granted.

60
Q

What is a motion for disclosure?

A

o A court order for additional relevant information
o It is brought by the defence.

61
Q

What is a motion for Particulars?

A

A court order for additional information about the nature of the charges that were laid.

62
Q

What is a motion to amend?

A

o A court order to fix minor errors.
o It is brought by the prosecution.

63
Q

What is a motion to Quash?

A

o A court order to throw the matter out of court.
o It is brought by the defence.

64
Q

What is a motion for Non-suit

A

If prosecution has not proven essential elements

65
Q

What is a joinder?

A

A request to have two or more issues tried together

66
Q

What is a severance?

A

A request to have two or more issues tried separately

67
Q

What is an application to stay the proceeding?

A

A court order to discontinue prosecution of the offence

POA (1 decks)

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