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Provincial Offences

Test 1

What do you call a judge? Your Honour
What do you call a JP? Your Worship
What colour sash does a judge wear? Red
What colour sash does a JP wear? Green
Who has more power: a police officer or a Provincial Offences Officer? Police Officer
Where does a police officer get their power? Federal legislation (i.e. crime code, controlled drugs and substances act) and case law
Where does a provincial offences officer get their power? provincial legislation (provincial offences act, Statutory Powers Procedure Act) and case law
What category of offence is s.172(17)? Strict liability because there is no mens rea word and there is a possibility of jail time, therefore eliminating absolute
What is the 2 part due diligence test? The defendant took all reasonable care to avoid committing the act (reasonable person test) The defendant was operating under a reasonable misapprehension of the relevant facts (if those facts were true then he would have been innocent)
What is a charging act? a piece of legislation under which a person is charged. For example Highway Traffic Act or Compulsory Automobile Insurance Act
What is a procedural act? a statute that sets out the procedures to be followed when dealing with an offence. For example Provincial Offences Act or Statutory Powers Procedure Act (SPPA)
What are provincial offences? Provide example. What court are they prosecuted in? Offences that are a violation of laws that were enacted to regulate behaviour in society. (An offence created by a provincial statute). Example would be speeding. These are prosecuted in the Ontario Court of Justice.
What is the Ontario Court of justice colloquially called? POA Court
What is another term for provincial offence? Regulatory offence because they are meant to regulate behaviour. They can also be referred to as quasi-criminal offences because they bear a resemblance to criminal matters because the procedure for dealing with them is similar to the criminal process.
Regulations pertaining to provincial offences have been made pursuant to a number of statutes. Name 2. Provincial Offences Act (service of summons) Highway Traffic Act (school bus cameras)
Burden of proof: what does it mean? Who has it? The burden of proof is the responsibility for proving guilt/ innocence. The prosecutor bears the burden of proof.
Standard of proof: what does it mean? The standard of proof is the level of certainty needed for a conviction to be entered. 2 standards; balance of probabilities and beyond a reasonable doubt. In POA court, the standard of proof is beyond a reasonable doubt.
what must the crown prove on mens rea offences the crown must prove the actus reus must prove the accused had the mens rea (intention/ guilty mind)
Strict liability offences crown must prove the actus reus the prosecutor is NOT required to prove any mental element Accused can defend by proving he acted reasonably or with due diligence (balance of probabilities). if pros. finds guilty, accused has due diligence defence
absolute liability crown must prove actus reus prosecutor must prove accused committed illegal act. accused is then guilty with no defence. s.7 of the charter can be a defence. there cannot be a vial sentence. accused must have the guilty mind to go to jail.
Defences for mens rea put forward the defence that the accused didn't commit the act or that the accused didn't have the required mens rea (didn't realize they were breaking the law)
defences for absolute liability "my client didn't do the act"
defences for strict liability "my client didn't do the act" if they find that the accused did do the act, argue your client didn't know (or didn't have the mens rea)
If an offence has no mens rea word and no potential of imprisonment, is it an absolute liability offence off the bat? No, if there is no mens rea word and no potential for jail time, it does not make it absolute off the bat, you have to refer to case law for the definitive answer.
Regulatory offences are presumed by the courts to be strict liability. T/F? True. Courts are to presume that regulator offences are strict liability until they hear evidence and decide otherwise
Who administers the POA? The Ontario government is responsible for administering the POS but have given municipal officers jurisdiction to do so as well
Who presides over POA court? The judge/ justice (usually a justice of the peace)
When preparing to represent a client charged with a provincial offence, what are the 3 starting points? the POA, the charging act, the courts of justice act & regulations.
Why are these 3 starting points important? it is good to know prior to arriving to represent your client if there are any conflicting provisions between the charging act and the procedural act, also CJA and its regulations because you want to ensure you are following court rules accordingly.
What are some substantive offences in the POA? breach of probation, failure to attend, counselling
Why is it important for a paralegal to know the classification of an offence to prepare a defence for the client determines what the prosecutor must prove
Created by: Kelseym98
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