Prov Law Flashcards
Provincial law is what?
public welfare offences meant to protect society
What is a Provincial Offences Officer (POO)
police officer OR person designated under subsection 1(3) POA
Whats a police officer?
chief or other police officer (not specials or bylaw)
What is the POA?
“Mother Act”- is a procedural act that governs all other substantive provincial acts
If no short form wording exists for a charge, what do you do?
Make wording sufficient to describe the offences
What is the definition of a young person?
12-15 years +364 days
Part 1 offences:
____ days to issue it
_____ days to serve it
______ days to file it
-30 days to issue
-30 days to serve
-7 or ASAP to file
part 3 Summons:
___ months to lay charge and serve it
6 months
A Part 1 can’t be over how much ____?
$1000
Part 3 can’t be over how much $____?
$5000
What is your 3 step process for Part 1 enforcement?
- to issue it you must have a belief an offence occurred
- must serve it personally
- to file it you must sign the certificate of offence and file it with the court office
What are your grounds for a Part 1 charge?
belief that an offence was committed
When is “commencement of proceedings” for a Part 1?
when the certificate of offence is filed
When is “commencement of proceedings” for a Part 3?
information is laid before a justice
What are the 3 options on the back of the offence notice?
- plea of guilty
- early resolution
- trial
What are the 2 types of a Part 3 Summons?
-short form (104)
-long form (106)
What are the roles of police in terms of the RTA?
-Keep the peace
-remain objective
-avoid giving legal advice
-safety and protection
-provide referrals
-ask for pertinent docs
Landlords rights of entry with notice…
24hrs written notice to enter
Landlords rights of entry without notice….
-on consent
-emergency
-to clean (with lease agreement)
-to show unit
—-if termination agreed
—-0800-2000
—-makes an effort to inform
What are the RTA steps for a lawful eviction?
- serve termination
- apply for eviction order
- serve the application and notice of hearing
- obtain eviction order
- deliver eviction order to sheriff
What is liquor?
spirits, wine, beer, any combo
Whats the definition of alcohol?
product of fermentation or distillation of grains, fruits, or other agricultural products
-includes synthetic alcohol
What is beer?
Fermination of barely, malt, hops
What is wine?
fermentation of natural fruit sugars
What is spirits?
any beverage containing alcohol obtained by distillation
Sell under the LLCA
To supply for money, directly or indirectly, in any manner by which the cost is recovered
No person shall purchase liquor except from:
-LCBO
-Person authorized by licence/permit
-in accordance with regulations
No person shall possess liquor unless:
-from a retail store for personal use
-its possessed under licence/permit
-manufactured by a person lawfully
-imported in accordance with regulations
-possessed by/under authority of LCBO
What is unlawful consumption?
drinking alcohol in a form that is not liquor
What is unlawful supply?
supplying alcohol to a person that is not in the form of liquor, knowing that the person will drink it
if licensee sells to a minor, what is an additional penalty?
licence suspension for 7 days
No person under 19 shall… POACH
Possess, obtain, attempt to purchase, consume, have
What is the parental exemption for supply under 19?
-in a residence/private place
-by a parent or person having lawful custody
LLCA Arrest authority #1
finds committing:
-intoxicated by alcohol
-in a public place/common area
-necessary for the safety
LLCA arrest authority #2
finds a person in contravention of LLCA
-refuses to give name and address
You find someone intoxicated by alcohol in a public place who is a safety risk. Where can you take them in lieu of charging?
hospital/detox centre
What is your POA release criteria? PRIER
Public interest, repetition, identity, evidence, resides outside Ontario
Arresting a young person
-release ASAP unconditionally, or with a summons unless you have RPGs to believe it is necessary in the public interest to keep them detained to:
1.establish identity OR
2. prevent repetition
that’s a serious danger to them or another
MV liquor exmeption
-container is unopened and factory seal unbroken
OR
-packed in baggage that is fastened closed or otherwise not readily available
How would you complete someone to court for a charge?
part 1 summons
Can you issue a part 1 certificate of offence to a youth?
No
Can you issue a part 1 summons to a youth?
yes (the pink slip)
Grounds needed to lay a part 3?
reasonable and probable grounds and a belief
LLCA limitation time?
2 years
CAIA limitation time?
3 years
Part 3 limitation time?
6 months
What is a private place?
indoor place, MV, and a boat
