Part I and Part III Offences

Question 1

Part I

Answer 1

• minor offences
• less formal
• based on belief
• 30 days to serve
• no jail time
• max fine is $1000
• 12-15 y/o can ONLY be served with a summons

Question 2

Part III

Answer 2

• more serious
• formal
• reasonable and probable grounds
• 6 months to charge
• max fine is $300 for young person
• NSF = summons required

Question 3

Commencement of Proceedings

Answer 3

Part I - when the certificate of offence is filed in the officer of the court
Part III - an information is laid before a JP

Question 4

Part I Summons

Answer 4

• NSF
• Given court date
• defendants who commits an offence that bears a set fine must be made aware of the fine because they have the option to settle out of court by paying it

Question 5

Part I Enforcement - 3 Steps

Answer 5

ISSUE
- within 30 days of offence date
SERVE
- within 30 days of the offence date
FILE
- no later than 7 days or as soon as practicable

Question 6

Affidavit of Service

Answer 6

• served by an officer that is not the issuing officer

Question 7

Part III Summons

Answer 7

• long form can be issued by any person (information)
• reasonable and probable grounds

Question 8

An Information

Answer 8

• sworn before a JP
• outlines the facts in issue
• proceedings commenced by information

Question 9

Part III Prosecution: 2 steps

Answer 9

1. informant must attend before a justice to swear to a completed official charge
2. the defendant must be served with a summons directing them to attend court to answer to the charge

Question 10

Two Types of Part III Summons

Answer 10

Short Form
- served when the alleged offender is right there or near the place of offence, summons first then information
Long Form
- served after the fact, information first

Question 11

Short Form Summons

Answer 11

• issued when defendant is found at or near the place of offence
• believes on RPG
  Step 1: issue short form
  Step 2: affidavit of service to be sworn, and then summons to be confirmed by justice
  Step 3: you appear before a justice to swear an information

Question 12

Long Form Summons

Answer 12

• follow up investigation - no set fine
• issued when part I offences require follow up exceeding 30 day limit - extends time to lay charge
  Step 1: swear an information before justice
  Step 2: RPG, the justice will endorse and and issue a long form to be served
  Step 3: affidavit of service must be sworn and can be mailed to person who does not reside in Ontario