Provincial Law Flashcards
1
Q
What are the three steps to handle a Provincial Offence? What do you have to do in each step? What is the time limit on each of these steps?
A
Issue (within 30 days): Must fill in a snap set ticket form (the “certificate of offence”
Service (within 30 days): Must personally deliver or serve a defendant the completed “offence notice” copy or summons
File (within 7 days): Once Service is complete, must sign “certificate of offence” and file with the office of the court
2
Q
What determines if you charge someone under Part I or Part III of the Offences Act?
A
Seriousness
Consequences
Circumstances
3
Q
What are the two ways “Commencement of Proceedings” can happen? When do you use one or the other?
A
1) when the certificate of offence (the ticket) is filed in the officer of the court (use for a Part I)
2) When an information (a charge) is laid before a Justice (use for a Part III)
4
Q
What is the provincial version of PRICES?
A
PRIER
P - Public interest
R - Repeat
I - Identity
E - Evidence
R - Residence (200km? Resides outside Ontario?)
(no Court, no Safety of Victim/Witnesses, but adds Residence)
5
Q
What must you have to commence proceedings under Part I of the POA? What is different about doing the same under Part III?
A
Part I: A belief that an offence has been committed
(REASONABLE GROUNDS not required)
Part III: MUST HAVE RPG
Part I needs just ONE word. Part III needs THREE words. :)
6
Q
How can a different officer than the issuing officer service a Part I certificate of offence?
A
Complete the Affidavit of Service on the back of the certificate
7
Q
What are the two ways to handle a Part I offence?
A
- Offence notice
2. Summons
8
Q
What are the requirements to use an Offence Notice for a Part I offence?
A
- Must be personally served within 30 DAYS from offence date
- Must have a set Fine, not exceeding $1000, not including the surcharge
- Must not have imprisonment
- Cannot be used for Young Person
- Must submit to court within 7 days
9
Q
What are the requirements to use a Summons for a Part I offence?
A
- Must be personally served within 30 DAYS from offence date
- Requires a court appearance
- Must not have imprisonment
- Must be submitted to court within 7 days
- Fine must be less then $1000 for adult, and $300 for a young person
10
Q
What is the definition of a Young Person in the POA
A
12-15 years OR a person 16 or older who was charged with committing an offence while 12-15.
11
Q
What is the maximum fine for a YP for a Part I SUMMONS in the POA?
A
$300 — Cannot issue an offence notice to a young person
12
Q
What is a Notice to Parent?
A
Offence Notice served to the parent of a child who has been issued a Part I Summons
13
Q
When do you use a Part III Information? (form 105) Who can use it?
A
Use for more serious offences
Can be used for less serious offences if it goes beyond the time limitation under Part I (more than 30 days)
Must have NO SET FINE - Use for Fines over $1000 and/or imprisonment
Must have RPG
Can be made by ANYONE
You have 6 months to LAY the charge (not time to service) unless a provincial statute (rule) says otherwise
14
Q
When should you use a Short Form 104 Summons?
A
When the person is at or near the place of the offence
For serious offences
15
Q
How do you issue a Short Form 104 Summons?
A
Must be issued BEFORE Information (Form 105) is sworn
Must be sworn on the back (i.e. Affidavit of Service)
Must be submitted ASAP or before the court date
Summons is confirmed by the Justice
16
Q
When should you use a Long Form 106 Summons?
A
After the offence has already happened
YOU will not directly create this form because it will be issued by a Justice when ANYONE swears to an Information (form 105)
You may need to serve the form
Can be served my mail if the person does not live in the province
Affidavit of Service is sworn AFTER the summons is served.
17
Q
What makes someone a Provincial Offences Officer?
A
The person or police officer must be designated under subsection 1(3).
18
Q
When serving a Long Form 106 Summons, how and to whom can it be served?
A
For people IN the province: Must be served personally to the defendant, their legal representation, or a person who APPEARS 16 or more, at the defendant’s last known address or usual place, if not found.
For people NOT IN the province: Can be served by mail.
19
Q
How do you commence a proceeding for a Part III offence?
A
Lay an information
20
Q
How do you commence a proceeding for a Part I offence?
A
FILE a certificate of offence to the court
21
Q
How long to you have to lay a charge for a Part III offence?
A
Up to 6 months after the date of offence
22
Q
Who can lay an information under Part III?
A
anyone
23
Q
What is the role of the police in the Residential Tenancies Act?
A
KOREA Keep the peace remain Objective Avoid giving legal advice Ensure safety of persons and protection of property Ask to see pertinent documents
Provide referrals
Provide Evidence at tribunals if required
Lay Charges under Part III if required, but should contact Investigation and Enforcement Unit (IEU)
24
Q
What are the exceptions to the Residential Tenancies Act?
A
SHENNER Shared occupancy Hotels (unless they live there permanently) Employment occupancy Nursing home Non-profit/cooperative housing Educational/correctional occupancy Roommate of tenant
25
When can a landlord enter a property WITH notice? When must notice be given, and what has to be on it?
Between 8am and 8pm with 24 hours of WRITTEN notice
| Notice must state reason for entry, date, and time of entry
26
When can a landlord enter a property WITHOUT notice if they are not NOT showing the unit? (4 reasons)
1) With the tenant's consent
2) In an emergency
3) Repair or replacement
4) Carry out health, safety housing, or maintenance inspection
27
When can a landlord enter a property WITHOUT notice if they ARE showing the unit? (3 reasons)
1) Notice of termination was given
2) Entry is between 8am and 8pm (0800-2000h)
3) A reasonable effort was made to inform
28
Who handles investigation of alleged offences under the Residential Tenancies Act?
Enforcement and Investigations Unit of the Ministry of Municipal Affairs and Housing
29
Who enforces Evictions under the Residential Tenancies Act?
The Sheriff Office
| The police may be called to assist the Sheriff
30
How long does a tenant have to retrieve their belongings after eviction by the Sheriff?
72 hours between the hours of 8am and 8pm
31
What are the 5 steps for lawful eviction?
1. Serve tenant valid "Notice of Termination"
2. Apply to Landlord and Tenant board for "Eviction Order"
3. Serve tenant with Application and Notice of Hearing
4. Obtain an "Eviction Order" from Landlord and Tenant Board
5. Deliver Order to Sheriff
32
How much notice does a tenant have to give their landlord to terminate their rental agreement?
1. No notice needed if both agree to terminate
2. 28 days if lease is daily or weekly
3. 60 days if lease of monthly or yearly
33
What 5 things can a landlord NOT do in a dispute?
1. Cannot withhold vital services (e.g. heat)
2. Cannot seize tenant's property
3. Cannot supercede any provisions of the RTA in the lease/contract
4. Cannot change the locks without giving the tenant keys
Note: Tenants may not change locks without permission from landlord
34
What is the definition of liquor?
spirits, wine, beer, any combination of those. Includes any alcohol suitable for human consumption
35
What is the definition of alcohol?
a product of fermentation or distillation of grains, fruits, or other agricultural products. Includes synthetic ethyl alcohol
36
What is the definition of beer?
any beverage containing alcohol obtained by fermentation of barley, malt or hops greater than 0.5/1% V/V (volume per volume)
37
What is the definition of wine?
any beverage containing alcohol obtained by fermentation of natural fruit sugars greater than 0.5/1% V/V (volume per volume)
38
What is the definition of spirits?
Distillation of any beverage containing alcohol obtained by distillation
39
What is the definition of "Unlawful Consumption" of alcohol?
Drinking alcohol in a form that is not liquor (e.g. cough syrup, mouth wash, hand sanitizer)
40
What is the definition of "Unlawful Supply" of alcohol?
Supplying (not necessarily selling) alcohol in a form that is not liquor KNOWING that the other person intends to drink it (e.g. giving someone a drink made from hand sanitizer)
41
A teenager pays an adult to buy him beer at the beer store. Can you charge the worker at the beer store for Sell/Supply Person Under 19?
No, because the worker did not KNOWINGLY sell (in this case, indirectly) to a person under 19.
42
How long do you have to charge someone with an LLA offence?
Usually 2 years.
| 1 year for "furnishing false info in an application"
43
A man tries to use his friend's driver's license as ID to buy alcohol. What can you charge them with under the LLA and why?
Improper Documentation
| No person shall use any documentation other than one lawfully issued to him as evidence of their age.
44
What is the one exception to the LLA- Under 19 Offences section?
Employee possession: A person aged 18 can be in possession of liquor during the course of employment on premises.
45
A mother gives her child a glass of wine and gives her permission for the child to drink it at home. She leaves the house to get groceries. The child drinks the wine at home. Is the Parental Exception to the LLA broken? Why or why not?
No, the supplier of liquor is ok (parent in a residence or private place) and the rules for consumption are fine (the supplier of liquor does not have to stay; and the child drank it in the place where it was supplied)
46
What is the definition of a residence in the LLA?
A place ACTUALLY occupied and used a dwelling (as opposed to possibly occupied), including all premises used in conjunction, which the general public is not invited or permitted access.
(e.g. a tent AND the campsite it is on is a residence if someone is actually in the tent)
47
What is considered photo ID for the LLA?
```
Ontario Driver's license
Passport
Citizenship card with photo (Canadian)
Permanent Residence card
Photo ID under the Photo Card Act
```
NOTE: HEALTH CARDS ARE NOT PHOTO ID
48
What can you do instead of laying an information on someone you find drunk in a public place?
You can escort them to a hospital designated by the regulations (i.e. a detox centre)
49
What is considered a "Private Place" under the LLA?
1. Indoor places - public is not normally invited or permitted, and is not available for rent
2. Motor vehicle
3. Boat/Vessel
50
What is the definition of a Motor Vehicle as a Private Place under the LLA?
Must be equipped with sleeping and cooking facilities
Must not be while on a Highway
Must be parked and used as a dwelling
51
What is the definition of a Boat/Vessel as a Private Place under the LLA?
Must have PERMANENT sleeping, cooking and sanitary facilities
Must be anchored or docked
Includes: Freight ship, cruise ship, coast guard vessel
52
Where are the places where people are not allowed to be intoxicated?
1) In a place where the general public is invited or permitted access
2) In any part of a residence that is used in common by persons occupying more than one dwelling in the residence (e.g. apartment lobby)
53
What are the two arrest authorities you have under the LLA? What requirement MUST be met to arrest under either of them? And what requirements must be met for each of them?
Both require that you Find Committing
1) Intoxication in public place or common area
- Person is intoxicated by alcohol
- Is in a public place/common areas
- Arrest is necessary for the safety of any person
2) Fail to identify
- Person is apparently in contravention of the LLA
- Fails to give their name and address, or you have RPG that they are lying about their name/address
54
If you have RPG that there is illegal liquor in a motor vehicle or boat, when can you search it without a warrant?
Only if the persons are in it: Your search authority is to search the vehicle or boat AND any persons in it.
55
What are the three charges that can be laid under the TPA?
1) Enter Premises when entry Prohibited
2) Engaging in Prohibited Activity
3) Fail to Leave When Directed
56
What things are considered "premises" under the TPA?
1) Land and structures
2) Water
3) Ships/vessels
4) Trailers/portable structures
5) Trains/railcars/vehicles/aircraft (EXCEPT WHILE IN OPERATION)
57
What places do not need notice to show trespass?
"If it grows, don't go"
-Gardens, fields/lands under cultivation, lawn, orchard, vineyard, tree lots less than 2m, woodlots on agricultural land
Enclosed/fenced areas
58
What is the definition of an "Occupier" under the TPA? (3 kinds)
Person who is physical possession of the premises (e.g. owner)
Person who has responsibility for control over premises/activities (e.g. babysitter)
School boards
59
What are the two authorities you have to arrest someone under the TPA? What are the conditions for each?
1) ON PREMISES
- Can be a police officer, occupier or authorized agent
- Can arrest on RPG
- Must be one of the three TPA charges (enter, engage or refuse)
2) OFF PREMISES
- Can ONLY be a police officer
- Must have RPG that TPA has been violated
- Suspect must have made a "fresh departure" (i.e. they left recently)
- Suspect refuses to give name and address or you think they are lying about name/address
60
Under the Mental Health Act, what is the difference between Arrest and Apprehension?
Arrest: take physical control with intent to detain. Charges may or may not be pursued. Rights to counsel are provided
Apprehension: take physical control with intent to detain. Charges NOT pursued, control is made for safety. Rights to counsel NOT ALWAYS required
61
What is the difference between a voluntary, informal and involuntary patient?
Voluntary: Chooses to be admitted and can leave anytime
Informal: Chooses to be admitted and can leave anytime, but does not directly given consent/refuse treatment--has another person who does this
Involuntary: Detained under certificate of involuntary admission or certificate of RENEWAL (cannot leave anytime)
62
Which forms, under the Mental Health Act, are valid for a maximum of 7 days? What is the difference between them?
Form 1 and 2: Apprehension must be within 7 days
```
Form 1 (Section 15): "Application for psychiatric assessment".
Ordered by physician. Directed to any person including police. For detention up to 72 hours in hospital/psych
```
```
Form 2 (Section 16): "JP Order".
Ordered by Justice of the Peace. Directed to Police. To take person to be examined by a physician (not always a hospital or psych facility). Usually initiated by family. JP must be convinced the person is in danger
```
63
What is a Form 47 under the Mental Health Act? How long is it valid for?
Form 47 (Section 33): "Physican's Order". Ordered by physician .
Used to bring a person to a physician for examination who is not complying with a Community Treatment Order
Valid for 30 days. Directed to police
64
What does a Judge's Order under the Mental Health Act do? For how long?
Is an order to undergo examination or admission to psych facility for a person who is already before the court/in custody for an offence. The judge must believe the person suffers from a mental disorder.
Has a maximum duration of 2 months in the psych facility
65
What requirements must be met for a police officer to apprehend someone under the Mental Health Act without an order? What section is this?
1) You have RPG that a person is or has acted "Disorderly
2) You have reasonable cause to believe the person has demonstrated violence OR can't care for themselves
3) You believe there is a mental illness present that is likely going to result in serious bodily harm to the person or anyone
4) It is too dangerous to wait for a Justice of the Peace order
Section 17
66
Under the Mental Health Act: How long does a Form 9 remain valid for? What is it used for?
Valid for 1 month
Used to direct police to return an involuntary patient back to the facility within 1 month
The patient is classified as "discharged" if not returned within 1 month
67
What is a child under the Child Youth and Family Services Act?
A person actually or apparently under 18 years old
68
What are the three places of safety under the Child Youth and Family Services Act?
A foster home
A hospital
A place designated by a Director
69
What places are NOT places of safety under the Child Youth and Family Services Act?
A place of secured custody (as part of the Young Offenders Act)
A place of secure temporary DETENTION (e.g. jail)
Police Station or School
70
When can you apprehend a child without a warrant? (5 situations)
Under 12 yrs: they commit an offence (Fed or Prov)
Under 16 yrs: they are in need of protection AND substantial risk to health or safety
Under 16 years: They are in the Care of CAS (left or removed from their safe place)
Under 16 years: between 12-6am where the public has access
Absent without Leave from Temporary Detention (remanded offenders)
Absent without Leave from Open Custody (sentenced offenders)
71
Under the Child Youth and Family Services Act, what are your rights of entry without a warrant?
If you, or a Child Protection Worker, believes WITH RPG that a child has been apprehended without a warrant (i.e. they are in need of protection) on ANY premises
You may enter the premises without warrant, by force if necessary
You may search for, and remove the child.
72
What defines a child in need of protection?
1. Physical Harm
2. Sexual exploitation/molestation
3. Requires Medical Treatment
4. Emotional Harm
5. Mental/Emotional/Developmental condition (e.g. Down syndrome)
6. Abandoned
7. Under 12 years and have committed an offence (kill, seriously injured someone, or serious damage to property)
8. Parent surrenders custody
73
What should you do if you suspect a child is in need of protection?
1. Report to Children's Aid Society directly YOURSELF
| 2. Lay appropriate charge
74
When can you apprehend a Child In Care without a warrant?
1. Must have RPG
2. Child under 16 has left or been removed from CAS care
AND
3. Substantial risk to child's health or safety
Bring to place of safety
75
What are the two charges you can lay from the Child Youth and Family Services Act?
1. Inflict Abuse: No one in charge of a child shall inflict abuse on that child
2. Fail to Care/Supervise: No one in charge of a child shall cause a child to suffer by not providing care/supervision
76
What is the definition of "matrimonial home" in the Family Law Act?
The property where a person and spouse ordinarily occupied as their family home in which that person has an interest
77
What does Section 24 of the FLA "Order for Exclusive Posession" state?
Regardless of ownership, the court may direct that one spouse be given EXCLUSIVE possession of the matrimonial home
May direct payments by spouses
May direct contents to remain or be removed
May authorize disposition/encumbrance of interest (may authorize things be thrown out or that one of the spouses HAS to take it)
78
What do you charge if someone contravenes an order for exclusive possession under the FLA? What is the penalty?
Charge or arrest with Contravene Order For Possession (Part III Summons)
First offence: Liable to $5000 and/or 3 months in prison
Second offence: Liable to $10000 and/or 2 years in prison
79
What is a Restraining Order in the FLA?
Interim (temporary) or final (permanent) order that restrains someone from a spouse (former or not), or a person who lives with the applicant (former or not)
The person must not molest, communicate, annoy or harass the applicant
80
What do you charge if someone disobeys a restraining order in the FLA? What section of which law is this? What if the restraining order is before Oct 15 2009?
Section 127 CRIMINAL CODE
Arrest/charge for "Disobey Court Order"
If before 2009,
Arrest/charge for "Contravene a Restraining Order" Section 46 Family Law Act (not Criminal Code)
81
Do you have arrest/apprehension authority under the Residential Tenancies Act?
No, only under relevant provincial and federal statutes (laws)
82
Do you have search/seizure authority under the Residential Tenancies Act?
Yes for Search. Section 231(1) to (6)
83
Do have arrest/apprehension authority under the Children's Law Reform Act?
Yes for Arrest (Section 35 as well as 495CC)
| Yes for Apprehension (Section 36)
84
Do you have arrest/apprehension authority under the Family Law Act?
Arrest only (Section 24 and 46, as well ass 495CC)
85
Do you have arrest/apprehension authority under the Child and Family Services Act?
Apprehension only (Section 40-43)
86
Do you have arrest/apprehension authority under the Mental Health Act?
Apprehension only (Section 17, 28(1), 33.3(3), 33.4(4) )
87
Do you have arrest/apprehension authority under the Liquor License Act?
Arrest only (Section 31 and 48)
88
Do you have arrest/apprehension authority under the Trespass to Property Act
Arrest only (Section 9 and 10)
89
Do you have arrest/apprehension authority under the Provincial Offences Act?
No general authority, except under Section 145
90
Do you have search/seizure authority under the Provincial Offences Act?
No, except under Section 158 and 159
91
Do you have search/seizure authority under the Trespass to Property Act?
No
92
Do you have search/seizure authority under the Liquor License Act?
Search: Section 32
| Seizure Section 47
93
Do you have search/seizure authority under the Mental Health Act?
No
94
Do you have search/seizure authority under the Child and Family Services Act?
Search, not Seizure, Section 44
95
Do you have search/seizure authority under the Family Law Act?
No
96
Do you have search/seizure authority under the Children's Law Reform Act?
Search, no seizure: Section 36
