Podcast
Questions and Answers
What must a person possess to lay an information under Section 23(1)?
What must a person possess to lay an information under Section 23(1)?
- Basic understanding of laws
- Formal training in legal procedures
- Witness testimony
- Reasonable and probable grounds (correct)
In which situation can an information be laid before a justice?
In which situation can an information be laid before a justice?
- Only when the police are involved
- If the offence has been witnessed
- When one believes an offence has been committed (correct)
- If another person requires it
What is required from the informant when laying the information before a justice?
What is required from the informant when laying the information before a justice?
- Signature in person (correct)
- Detailed written report
- Confidentiality agreement
- Witness endorsement
Where must the information be laid according to Section 23(1)?
Where must the information be laid according to Section 23(1)?
Under what conditions can an informant swear before a Justice of the Peace?
Under what conditions can an informant swear before a Justice of the Peace?
What does S. 23(1.2) specify about the new forms used for laying information?
What does S. 23(1.2) specify about the new forms used for laying information?
What is a necessary component for the information to be valid?
What is a necessary component for the information to be valid?
What is the role of the Justice of the Peace when laying an information?
What is the role of the Justice of the Peace when laying an information?
What is the time frame for a summons served by registered mail to be deemed duly served?
What is the time frame for a summons served by registered mail to be deemed duly served?
Which method of serving a summons requires a written response for the service to be effective?
Which method of serving a summons requires a written response for the service to be effective?
What is the consequence of not providing a written response to a summons served by email?
What is the consequence of not providing a written response to a summons served by email?
How is a summons served by courier deemed served?
How is a summons served by courier deemed served?
Under which condition can a summons be served via email?
Under which condition can a summons be served via email?
What does NOT constitute a written response to an email for purposes of the summons?
What does NOT constitute a written response to an email for purposes of the summons?
In which scenario is a summons served by courier deemed effective?
In which scenario is a summons served by courier deemed effective?
What must happen for an email summons to be legally recognized?
What must happen for an email summons to be legally recognized?
What is the primary action that a provincial offences officer can take without swearing an oath under s. 23(1.2)?
What is the primary action that a provincial offences officer can take without swearing an oath under s. 23(1.2)?
What must the provincial offences officer include along with the submitted information?
What must the provincial offences officer include along with the submitted information?
What is the role of the justice in the process described in s. 23(1.2)?
What is the role of the justice in the process described in s. 23(1.2)?
What must the officer declare in their written statement regarding the information?
What must the officer declare in their written statement regarding the information?
In the context of s. 23(1.2), which is NOT required for laying an information?
In the context of s. 23(1.2), which is NOT required for laying an information?
Which of the following is true regarding the written statement made by the officer?
Which of the following is true regarding the written statement made by the officer?
What kind of offences does s. 23(1.2) pertain to?
What kind of offences does s. 23(1.2) pertain to?
When must the officer's information be dated according to s. 23(1.2)?
When must the officer's information be dated according to s. 23(1.2)?
Who can personally receive a Summons issued to a Municipal corporation?
Who can personally receive a Summons issued to a Municipal corporation?
What must be established for a Justice to authorize an alternative method of service on a corporation?
What must be established for a Justice to authorize an alternative method of service on a corporation?
How can service of a Summons be proven?
How can service of a Summons be proven?
What is NOT included in the requirements for a Warrant under section 24?
What is NOT included in the requirements for a Warrant under section 24?
Which officer can issue a Summons at the scene of an offence?
Which officer can issue a Summons at the scene of an offence?
What must be done after serving a Summons?
What must be done after serving a Summons?
Which of the following can receive a Summons on behalf of a corporation?
Which of the following can receive a Summons on behalf of a corporation?
What is the objective of the Warrant issued under section 24?
What is the objective of the Warrant issued under section 24?
What must a summons include when directed to the defendant?
What must a summons include when directed to the defendant?
Which method is NOT permitted for serving a summons according to the regulations?
Which method is NOT permitted for serving a summons according to the regulations?
What should be done before sending the information to the Justice of the Peace?
What should be done before sending the information to the Justice of the Peace?
What role does the retained information play once delivered to the Justice of the Peace?
What role does the retained information play once delivered to the Justice of the Peace?
According to the service provisions, what should happen if the defendant cannot be conveniently found?
According to the service provisions, what should happen if the defendant cannot be conveniently found?
What is the primary responsibility of a provincial offences officer in relation to a summons?
What is the primary responsibility of a provincial offences officer in relation to a summons?
What happens to the information once it has been delivered to the Justice of the Peace?
What happens to the information once it has been delivered to the Justice of the Peace?
Which of the following is NOT an action permitted by the regulations for serving a summons?
Which of the following is NOT an action permitted by the regulations for serving a summons?
Study Notes
Information Styles (Style 3 and 4)
- Style 3: Used for multiple defendants with two or more charges.
- Style 4: Booklet style applicable for multiple defendants and single or multiple charges.
Laying Information (S. 23 P.O.A.)
- Individuals can lay an information under oath before a justice if they have reasonable grounds to believe an offence has been committed.
- The information is submitted in person, requiring the informant's signature in the presence of a justice.
New Information Procedures (S. 23(1.2))
- Provincial offences officers can lay information without swearing an oath.
- This involves delivering the information and accompanying written statement of truth to a justice.
Information Retention
- Once information is received by a justice, it is retained for:
- Establishment in the court system.
- Assignment to the appropriate court docket.
- Sending correspondence to the defendant.
- It's important to make copies of the information before submission to the justice of the peace.
Summons Under POA
- A summons must direct the defendant, outline the offence, and require court attendance.
Service of Summons (O.Reg 475/21)
- Summons must be served by a provincial offences officer, personally or through various means if unable to locate the individual:
- Personal delivery.
- Leaving at the individual's last known address.
- Registered mail, effective seven days post-mailing.
- Courier service, effective seven days after receiving.
- Email service is valid only if the individual responds in writing.
Special Provisions for Corporations
- Summons to corporations can be served personally to high-ranking officials like mayors or clerks.
- Substitutional service may be authorized by a justice if standard service is ineffective.
- Proof of service can be documented by a sworn statement or affidavit.
Warrants Under Section 24
- A warrant must name or describe the defendant and specify the offence, mandating arrest and presentation before a justice.
Commencement of Proceedings
- A provincial offences officer can issue a summons at the offence location before formally laying an information.
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Description
This quiz covers the various styles and procedures for laying information in legal cases. It includes details about multiple defendants, the process of laying information under oath, and new procedures for provincial offences. Test your understanding of these legal processes and their implications.
