Provincial Offences and Youth Law Quiz

Provincial Statutes and Regulations 1 Review

• Terminology:
  • Offence - refers to an offense under provincial legislation, regulation, or by-law.
  • Police officer - does not include special constable or by-law officer.
  • Prov. Offences Officer (POO) - a police officer, municipal law enforcement, or by-law enforcement officer, or a person designated under section 1 (3).

POA Part 1

• Proceeding:

  • Most provincial offenses are handled through charging someone using Part 1.
  • Liquor offenses are usually charged under Part 1 due to fixed fines.
  • The process begins when an officer completes the Certificate of Offence (charging document) and hands the offender the Offence Notice, specifying the offense, Act, section, and fine.

• Offender Options:

  • Option 1: Plead Guilty and pay the fine.
  • Option 2: Plead Guilty before a Justice of the Peace after penalty submissions and resolution with the prosecutor.
  • Option 3: Plead Not Guilty and request a trial.
  • Offenders have 15 days to choose an option; if no choice is made, guilt is assumed.
  • The officer must file the Certificate of Offence at court within 7 days.

• Service of Offence Notice:

  • The notice is served personally within 30 days of the offense.
  • If personal service isn't possible, a Part III summons is issued.
  • The Certificate of Offence is filed in court no later than 7 days after service.
  • Fines under Part 1 are capped at $1000.
  • No jail time is possible under Part 1.

• Short Form Wordings/Set Fines:

  • Approved language is used to describe offenses on Part 1 charging documents.
  • The chief justice establishes the language to provide the defendant with a written notice of the offense committed.
  • The officer cannot set a fine that differs from the set fine.
  • Only personal service is allowed for Part 1.

POA Part 1 - Trial

• Trial Procedures:
  • The officer testifies at trial.
  • The Justice of the Peace presides over the trial.
  • The person asking questions or giving evidence is either the person, or a representative.
  • The defendant doesn't have to appear in court; they can have a lawyer or paralegal represent them.
  • The defendant doesn't have to testify or call witnesses.
    • If the defendant or representative misses trial, and there are no errors on the Certificate of Offence, a finding of guilt is possible.
  • The officer isn't required to testify in this case.

POA Part III

• Offence Circumstances:
  • An offense is charged when there's no set or satisfactory fine for an offense committed.
  • Part III Summons is served, requiring the offender's court attendance (with a possible representative).
  • The officer completes an affidavit of service on the back of the summons and an information (charging document).
  • The affidavit of service, information, and summons are sworn before a Justice of the Peace or judge.

Part III Summons - Charged After the Offense Date

• Offense Procedure:
  • The officer creates an information explaining the provincial offense.
  • The officer swears the charging document before a Justice of the Peace (JP) or Judge.
  • The JP or Judge verifies provided evidence.
  • The JP or Judge issues a Part III summons charging the offender.
  • The offender is served the summons.
  • The officer provides an affidavit of service, sworn before a JP.

Young Person

• Age Restrictions:
  • People aged 12 to 15 are subject to different procedures.
  • Summons are issued, but a Part 1 Offence Notice (related to cannabis and other regulated matters) cannot be issued.
  • Parents/guardians must be notified of the charges against the young person. -No one under 12 can be given a charge .

Ontario Court of Justice

• Jurisdiction: The Ontario Court of Justice has jurisdiction over POA matters.
• A Justice of the Peace typically presides over POA matters.
• A Judge handles more serious trials in this court.

LLCA - Review

• Legal Alcohol Possession:

  • A person over 19 years old can legally possess liquor in 3 locations: their residence, a licensed establishment, and a private place if a motor vehicle, boat, or similar.
  • These private spaces must have accommodation for sleeping, cooking, washing, and be used as a residence.

• Minor Offences:

  • A person under 19 years old cannot purchase, consume, or have liquor.
  • This matter is regulated differently for minors.
  • Process differs for people aged 16 and 18 compared to under age 16.
  • Minors (under 19) can be charged with cannabis offenses.

LLCA Review

• Arrest Authorities: -Arrest authorities can respond to intoxicated people in public due to alcohol consumption or perceived danger to others.
  • LLCA Offenses and false identification will be dealt with differently.
  • The period for offenses in general is generally 2 years from the committal date. -A public place is different than private property, allowing public access. Public areas include business places and public spaces.

LLCA - Review (Continued)

• Public Place: A public place is different from private property, allowing public access. Public areas include business places and public spaces. People in public spaces are not considered to be private members when they are on property.
• Seizure Powers: Motor vehicles and boats can be searched without warrants with reasonable grounds. Authorities can seize if the items are being used in committing an offense.

MHA - Review

• Police Role:

  • Enforcement and intervention for mental health issues.
  • Apprehension occurs without arrest.
  • Police can act upon the apprehension order of a physician, Justice of the Peace, or an Officer in charge of a psych facility.

• Apprehension Powers: Apprehension can be carried out by the police, a judge, JP or a doctor.

MHA - Review (Continued)

• Disorderly Conduct: -Section 17 of the Mental Health Act addresses disorderly conduct due to a mental disorder, danger to self or others and the risks of waiting for apprehended orders.
• Behaviours: Examples of behaviours covered include threatening, violent or threatening to harm self or others.
• Competence: Lack of competence to care self, evidenced by witnesses or observation. -Officers do not need to directly witness the behavior, but must believe it happened through witness accounts, observations, etc.

MHA - Review (Continued)

• Apprehension Procedure:
  • If apprehended, a person is taken for examination immediately.
  • The officer's authority for apprehension doesn't extend beyond the time taken to locate and apprehend.
  • A physician can order a person's detention in a hospital for up to 72 hours for further examination, using Form 1.
  • Police must wait with the detained person until the examination by a physician is complete.

MHA - Review (Continued)

• Types of Patients:
  • Informal Patient: Admitted to a psych facility with consent of another person, often a minor with their parent or caregiver.
  • Voluntary Patient: Seeks treatment for mental illness on their own.
  • Involuntary Patient: Detained due to a certificate for involuntary admission or a certificate renewal. Patient isn't free to leave the facility unless their condition allows for dismissal within 30 days of the admission.
• Apprehension Authority:
• Professionals (physicians, Justice of the Peace, police officers, or judges) can apprehend under the Mental Health Act, a process not considered an arrest.

MHA - Review (Continued)

• Apprehension Order Validity: An order from a Justice of the Peace (JP) or a physician for apprehension is valid for 7 days to be carried out. If a person appears in court charged or convicted of an offence due to suffering a mental disorder, they may be remanded to a psych facility for examination for 2 months or less.

RTA - Review

• Police Response:
  • Police refer landlord-tenant disputes to the Tenant Board.
• Tenancy Agreements: Tenancy agreements can be: -1. Written -2. Oral -3. Implied (implied agreements are often with relatives or friends).

RTA - Review (Continued)

• Landlord Termination: -A landlord can terminate a tenancy without cause (such as for major repairs or a family member moving in) or with cause due to:

  • Non-payment of rent.
  • Damage to the unit.
  • Disturbances.
  • Illegal activities

• Eviction:

  • After eviction by a sheriff, the tenant has 72 hours to gather their belongings.

Police Response to Eviction

• Sheriff Role: Only a sheriff can enforce an eviction order.
• Dispute Resolution: The police can help maintain order during an eviction.
• Additional Actions: Law enforcement can use regulations on trespassing for potential legal actions if needed

RTA - Frequent Student Questions

• Security Deposits:
  • Landlords can only demand a security deposit equal to one month or one week's rent for last month or week.
• Damage Deposits:
  • Damage deposits cannot exceed one month or one week's rent.
  • Monthly payments are expected if the lease is a year long, until end of lease.

TTPA - Review (Methods of Giving Notice)

• Land Under Cultivation: No signage is needed for farmland with trees less than 2 meters high to keep animals.
• No Trespassing: Notice can be given orally or in writing. Signs must be visible during daylight at points of access.

TTPA - Review (Offenses Under Section 2)

• Occupier and Premises: Occupier (physical property controller) and premises can cover many types of structures and buildings, including mobile vehicles and trailers as well as structures.
• Section 2 Offences: Examples of such offenses are:
  • Entering prohibited premises.
  • Participating in prohibited activities.
  • Failing to leave premises when directed.
  • Occupiers or police can take action against others committing these offences.
  • Only police can make arrests away from the premises.

TTPA - Review (Trespassing as Absolute Liability)

• Trespassing Liability: Trespassing is an absolute liability offense, meaning the person is at fault if they are on the property, regardless if proper actions were taken by the occupier to let them know its not allowed.
• Proof of Innocence: The burden of proving innocence rests on the alleged trespasser.
• Landowner’s Actions: Landowners may require proof that measures were made by them to give notice of the rule and regulations to the offender prior if they wish to make a claim about the offense in court for a conviction.

TTPA - Review (Trespass by Means of a MV)

• Vehicle Trespassing (S.11): The driver of the vehicle is responsible for a fine for trespassing, not the owner, unless the driver has already been convicted of trespassing before, or if a vehicle was taken without the owner's consent.

TTPA/LLCA - Review

• Establishments and Trespassing:
• People in establishments can be asked to leave.
• A person can be arrested when they are intoxicated in public depending on the circumstances.
• The proprietor/manager of the licenced establishment can take action without arrest if there are infractions under the LLCA.
• Minors committing minor offences can be charged.
• Owners, managers and servers can be held liable for supplying minors with substance if necessary.
• People in establishments can be asked to leave if they violate the terms of the establishment. Police can be called for trespass if the person refuses requests. Intoxication can be a grounds for arrest if the police feel it's required.

Coroners Act – 5 Questions in a Death Investigation

• Coroner Designation: Coroners are medical doctors specializing in death investigations.
• Role and Responsibilities: Coroners investigate to determine:
  • Who the deceased was (ID).
  • The medical cause of death (e.g., cardiac arrest).
  • The time and date of death.
  • The location of death (can be different from where the body was found).
  • The manner of death (homicide, suicide, accident, undetermined natural causes).
• Importance: Coroners' role is essential because death investigations can rule out criminal intent and determine if causes of death were due to negligence.

Role of the Coroner

• Authority: Coroners have legal authority to investigate unexpected or sudden deaths that warrant further investigation.
• Powers: Coroners' powers include the taking of deceased bodies, and the examining of locations that may have been connected to the cause of death. Any items discovered in this process can be examined and be seized by authorities, without causing a criminal breach of the law.
• A warrant may be issued by a coroner for the body if necessary.

Coroner Notification Or Police

• Notification Triggers: A coroner or police may be required to investigate when a death occurs:
  • Suddenly or unexpectedly.
  • At a construction or mining site.
  • In a correctional facility.
  • When a person is injured/killed due to police use of force.
• Other Circumstances:
  • Accidental death.
  • Homicide or suicide.
  • Psych facilities.
  • Public or private hospitals.
  • Medical Assistance in Dying (MAID).

Coroner Notification

• Doctor-Treated Deaths: If the deceased was under treatment by a doctor related to a disease, no coroner notification is required.

Investigative Powers

• Authorization: The act authorizes specific classifications of people: Coroners, Police, and Medical Practitioners to take the following actions: inspect or take possessions of a dead body. Police can inspect a place where the body was found or where they think the body may have been previously.

Conducting the Post-Mortem

• Decision-making: The coroner decides if a post-mortem is needed, sometimes consulting a pathologist (doctor specialized in post-mortems).
• Witnessing: Police investigators are required to witness the process.
• Sharing Information: Relevant information from the scene helps determine the cause of death.
• Documentation: All shared information during the process must be documented.

Coroners Inquest

• Requirement: Inquests are mandatory in specific deaths or if the coroner deems a necessity in the public interest.
• Jury Role: A jury can suggest ways to prevent similar deaths.
• Presiding Officer: The inquest is presided over by a coroner.
• Jury Size: A 5-member jury is needed; a majority (minimum 3) decision is required. The proceedings are public.

Coroners Inquest (Purposes)

• Purpose: A coroner's inquest is to establish:
  • The identity of the deceased.
  • How, when, and where the death occurred.
  • The cause of death and the method through which the death was caused.

Mandatory Inquests

• Specific Circumstances: Mandatory Inquests cover these situations:
  • Psychiatric facility inmates.
  • Correctional facility inmates.
  • Persons in police custody.
  • Construction or mining incidents.

Cannabis Control Act, 2017 Overview

• Prohibitions:
  • Prohibits the sale, distribution, purchase, possession, cultivation, propagation, and harvesting of cannabis in regulated ways.
• Youth Protection:
  • Aims to protect youth and public health/safety by limiting youth access to cannabis.

Boat/Vehicle Offences

• Transportation: Transporting cannabis in original and unopened packaging.
• Baggage: Packing in luggage that is locked or inaccessible to others in vehicle.

Police Officer's Search Powers

• Reasonable Grounds (RGS): If there is evidence that cannabis is being transported/held illegally in a vehicle and an offense occurred, the vehicle can be searched without a warrant, along with the person(s) found in it and any cannabis or associated paraphernalia.

Seizure Powers

• Circumstances: Cannabis can be seized if:
  • An offense related to cannabis has occurred.
  • The seizure prevents continuation of the illegal activity.
• Exemptions: Certain procedures and activities are exempt from the rules under the Cannabis Control Act, including but not limited to smoking.

When a Police Officer Makes a Cannabis Seizure

• Reasoning:
  • The Act contains regulations allowing authorities to seize cannabis if it is used or it is suspected it might be used in committing an offense. Authorities can consider prior convictions and evidence of repeated offenses as part of the reasonable suspicion assessment.
  • Any item used for an offense can be seized.

Police Officer's Arrest Power (No Warrant)

• Arrest Grounds: A police officer can arrest a person without a warrant under the Cannabis Control Act if:
  • The person violates the act or its rules/regulations.
  • The identification or the person's identity is doubtful/suspicious, or their address is verified to be false.

Offences Relating to Minors (Under 19)

• Prohibition: No one under 19 can possess, consume, attempt to sell, or distribute cannabis.
• Referral: Police officers can suggest these young people participate in educational programs.
• **Exemptions:**No exemptions exist like the LLCA for parents/guardians regarding cannabis use by their underage children.

Test your knowledge on provincial offences and laws pertaining to minors and alcohol-related incidents. This quiz covers crucial topics such as summons issuance, possession laws, and police authority. Understand the legal framework surrounding these matters effectively.