MOD08_POA Part III.pptx

Provincial Offences Act – Part III Municipal Law Enforcement Officers’ Association (Ontario) mleoa.ca PART III COMMENCEMENT OF PROCEEDINGS BY WAY OF AN INFORMATION As well as initiating a proceeding through a Certifi...

Provincial Offences Act – Part III Municipal Law Enforcement Officers’ Association (Ontario) mleoa.ca PART III COMMENCEMENT OF PROCEEDINGS BY WAY OF AN INFORMATION As well as initiating a proceeding through a Certificate of Offence (Part I), a proceeding may be initiated by filing an INFORMATION under Part III of the Provincial Offences Act 2 Version 2/Sept2021 mleoa.ca COMMENCEMENT OF PROCEEDINGS BY AN INFORMATION An INFORMATION is the long form of filing a charge There is more room on the INFORMATION form to provide details of the offence The maximum fine using an INFORMATION is only restricted by the maximum allowed under the appropriate legislation 3 Version 2/Sept2021 mleoa.ca COMMENCEMENT OF PROCEEDINGS BY AN INFORMATION Proceeding must be commenced within 6 months of the offence date (unless otherwise permitted by law) ANY person who believes a person has committed an offence may lay an Information before a Justice of the Peace and the Justice SHALL receive the Information 4 Version 2/Sept2021 mleoa.ca CHARGE COUNTS ON INFORMATIONS Each offence charged in an Information shall be set out in a separate count Each count shall contain a statement that the defendant has committed an offence as specified A count must contain a reference to the provision creating or defining the offence and to the relevant penalty section 5 Version 2/Sept2021 mleoa.ca CHARGE COUNTS ON INFORMATIONS The statement alleging the defendant has committed an offence shall be in language: Popular, without technical jargon, without non-essential information Of the legislation creating the offence That lets the defendant know what he/she is being charged with 6 Version 2/Sept2021 mleoa.ca CHARGE COUNTS ON INFORMATIONS Everything contained in the charge must be PROVEN ….keep the wording simple 7 Version 2/Sept2021 mleoa.ca CHARGE COUNTS ON INFORMATIONS A count shall contain sufficient detail of the offence so that the defendant will understand the act or omission that he/she is being charged with 8 Version 2/Sept2021 mleoa.ca CHARGE COUNTS ON INFORMATIONS A count is not objectionable if the count gives sufficient detail to give the defendant reasonable information to the act or omission to identify the violation Insufficiency of information should not negate the legal viability of the count 9 Version 2/Sept2021 mleoa.ca CHARGE COUNTS ON INFORMATIONS No exception, exemption, excuse or qualification prescribed by law needs to be set out in an Information 10 Version 2/Sept2021 mleoa.ca CHARGE COUNTS ON AN INFORMATION Any number of counts for any number of offences against any number of accused may be joined in the same INFORMATION (when using the Long Form) 11 Version 2/Sept2021 mleoa.ca NEW PART III INFORMATION FORMS In mid-2023 the Single Count and Booklet style Informations were replaced with new versions released by the Provincial Government New forms also laid out provisions of s. 23(1.2) of the Provincial Offences Act Version 2/Sept2021 12 mleoa.ca NEW INFORMATIONS Four styles of Information Style 1 – Single Defendant/Single Count (see Doc 7(1) – Res.Lib.A) Style 2 – Single Defendant/2 or more charges (See Doc 7(2) – Res. Lib. A) Style 3 – Multiple Defendant/2 or more charges (See Doc 7(3) – Res. Lib. A) Style 4 – Booklet Style (Multiple Defendant/Single/Multiple Charges) (See Doc 7(4) – Res. Lib. A) Version 2/Sept2021 13 mleoa.ca NEW INFORMATIONS – S. 23 (P.O.A.) “23 (1) Any person who, on reasonable and probable grounds, believes that one or more persons have committed an offence, may lay an information in the prescribed form and under oath before a justice alleging the offence.” Version 2/Sept2021 14 mleoa.ca NEW INFORMATIONS – S. 23(1) Information is laid in-person before a justice of the peace / La dénonciation a été déposée en personne devant un juge de paix (to be signed in the presence of the Justice of the Peace) Signature of Informant / Signature du dénonciateur Sworn/affirmed before me at the Town of Shoeville in the Province of Ontario Déclarée sous serment/affirmée solennellement devant moi à/au (city or dans la province de l’Ontario town / ville ou village) Nov emb this 18th day of er , 20 20 ce jour de Judge or Justice of the Peace in and for the Province of Ontario Juge ou juge de paix dans et pour la province de l’Ontario Version 2/Sept2021 15 mleoa.ca NEW INFORMATIONS – S. 23(1.2) New forms also incorporate provisions of Provincial Offences Act, S. 23(1.2) 23…… “Written alternative (1.2) A provincial offences officer may lay an information without swearing an oath by, (a) delivering the information in the prescribed form to a justice; and (b) making a written statement that all matters contained in the information are true to the officer’s knowledge and belief and delivering the statement to the justice together with the information.” Version 2/Sept2021 16 mleoa.ca NEW INFORMATION – S. 23(1.2) Information is laid by a provincial offences officer without swearing an oath pursuant to s. 23(1.2) of the Provincial Offences Act La dénonciation est déposée par un agent des infractions provinciales sans qu’il prête serment en vertu du par. 23 (1.2) de la Loi sur les infractions provinciales , state that all matters contained in the information are true to my knowledge and I, Officer` Hercules Strong belief. Je (name of informant / nom du dénonciateur) déclare que tous les éléments de la dénonciation sont vrais à ma soussigné(e) connaissance et selon ce que je crois. Dated in the Province of Ontario, this 18th day of November , 20 20 Fait dans la province de jour de l’Ontario, ce Hercules Strong Signature of Informant / Signature du dénonciateur I certify that this application was received on the following (date and time): Completed by JP at time and date received. Je confirme que la demande a été reçue, le jour et à l’heure suivants : Judge or Justice of the Peace in and for the Province of Ontario / Juge ou juge de paix dans et pour la province de l’Ontario mleoa.ca REMEMBER…. The Information once delivered (in either way) and received by the Justice of the Peace, will be retained by the Justice of the Peace enabling: The Information to be established in the Court system The matter to be produced to the appropriate docket for the appropriate court date Correspondence to be sent to the defendant ALWAYS MAKE A COPY OF THE INFORMATION BEFORE ATTENDING TO/SENDING TO THE JUSTICE OF THE PEACE Version 2/Sept2021 18 mleoa.ca SUMMONS A Summons under section 22 or 24 (POA) shall: Be directed to the defendant Briefly set out the offence Require the defendant to attend court 19 Version 2/Sept2021 mleoa.ca SERVICE Ontario Regulation 475/21 under the Provincial Offences Act (effective June 16, 2021) amended service provisions for summons s. 26(2) continues to provide that a Summons SHALL be served by a provincial offences officer by: (a) by delivering it personally to the person to whom it is directed, OR if that person cannot conveniently be found, by leaving it for the person at the person’s last known or usual place of residence with an individual who appears to be at least sixteen years of age and resident at the same address; OR 20 Version 2/Sept2021 mleoa.ca SERVICE (b) in any other manner permitted by the regulations. O.Reg 475/21: 2(1) A summons may be served by sending it by registered mail to the last known or usual place of residence of the person to whom it is directed. 2(2) The summons served by registered mail in accordance with subsection (1) is deemed to have been duly served seven days after the day of mailing. 21 Version 2/Sept2021 mleoa.ca SERVICE O.Reg 475/21: 3(1) A summons may be served by sending it by courier to the last known or usual place of residence of the person to whom it is directed. 3(2) The summons served by courier in accordance with subsection (1) is deemed to have been duly served seven days after the courier received it. 22 Version 2/Sept2021 mleoa.ca SERVICE O.Reg 475/21: 4(1) Subject to subsection (2), a summons may be served by sending it by email to an email address that the person to whom the summons is directed has provided for the purpose of receiving electronic documents or at which the person is known to receive email communications. 23 Version 2/Sept2021 mleoa.ca SERVICE O.Reg 475/21: 4(2) Service by email under subsection (1) is effective ONLY if the person provides a written response to the email 24 Version 2/Sept2021 mleoa.ca SERVICE O.Reg 475/21: 4(3) A summons served by email in accordance with subsections (1) and (2) is deemed to have been duly served on the day the person provides the written response. 4(4) The following do not constitute a written response by a person to an email for the purposes of subsection (2): 1. A response that the person cannot access the summons 25 2. An automatically generated response. Version 2/Sept2021 mleoa.ca SERVICE O.Reg 475/21 – Service to a Representative 5(1) Subject to subsection (2), a summons may be served by providing it to the representative of the person to whom it is directed by: (a) delivering it personally to the representative or leaving it with a person at the representative’s place of business; (b) Registered mail or courier to the representative’s place of business;or (c) by email to the representative’s email address for business 26 Version 2/Sept2021 mleoa.ca SERVICE O.Reg 475/21 – Service to a Representative 5(2) Service in accordance with subsection (1) is effective ONLY if the representative: a) Is a licensee under the Law Society Act b) Has given prior written or oral consent to receiving the summons on the person’s behalf; AND c) In the case of service by email, provides a written response to the email and, for the purpose, subsection 4(4) applies with necessary modifications. 2 7 Version 2/Sept2021 mleoa.ca SERVICE Service outside Ontario 26(3) Despite subsection (2), where the person to whom a summons is directed does not reside in Ontario, the summons shall be deemed to have been duly served seven days after it has been sent by registered mail to the person’s last known or usual place of abode. R.S.O. 1990, c. P.33, s. 26 (3). 28 Version 2/Sept2021 mleoa.ca SERVICE A Summons issued to a Corporation may be served on the Corporation by delivering it personally to: In the case of a Municipal corporation, the Mayor, Warden, Reeve or other chief officer or to the Clerk of the corporation. In the case of any other corporation, to the manager, secretary or other executive officer or to the person in charge of a branch office or by Registered mail. 29 Version 2/Sept2021 mleoa.ca SERVICE  A Justice may, upon motion and being satisfied that service cannot be effectively made on a corporation in accordance with subsection (4) may by Order authorize another method of service that has a reasonable likelihood of coming to the attention of the corporation. (substitutional service)  Service of a Summons may be proven by a Statement Under Oath or Affirmation, by the person who served the Summons  An Affidavit of Service must be completed and sworn to after the Summons is served. 30 Version 2/Sept2021 mleoa.ca WARRANT A Warrant under section 24 shall: Name or describe the defendant Set out briefly the offence Order the defendant to be forthwith arrested and brought before a Justice 31 Version 2/Sept2021 mleoa.ca COMMENCEMENT OF PROCEEDINGS BY INFORMATION A Summons (Form 104)* may be issued by a Provincial Offences Officer, at the scene or near the location of an offence upon a person believed to have committed the Offence, before an Information is laid. It is a good practice to have the address of the Court and dates available for appearances with you in the field 32 Version 2/Sept2021 mleoa.ca JUSTICE OF THE PEACE OPTIONS A Justice who receives an INFORMATION in relation to a Form 104 Summons shall consider the INFORMATION and may: Confirm the summons issued under Section 22 (POA) Issue a Summons and confirm the Summons issued Issue a Warrant for the arrest of the defendant OR 33 Version 2/Sept2021 mleoa.ca JUSTICE OF THE PEACE OPTIONS Where the Justice determines that a case has not been made out, he/she may: So endorse the Information Cancel a Summons issued under Section 22 (POA) 34 Version 2/Sept2021 mleoa.ca Part III Practical Exercise…. Prepare an Information AND Summons Complete a Part III Single Count Information and Summons charging the individual involved for the appropriate offence, based on your observations. The documents should be completed by you as the Issuing Officer, in preparation to swear the documents before a Justice of the Peace later this week. 35 Version 3/February 2022 mleoa.ca POA - PART 6 YOUNG PERSONS A young person is a person who is or appears to be 12 years of age or older and younger than 16 years of age and includes a person who is 16 or older and who was charged with an offence while less than 16 and 12 or older No person may be convicted of an offence committed under the age of 12 years 36 Version 2/Sept2021 mleoa.ca YOUNG PERSON A proceeding against a young person by Certificate of Offence must be initiated by Summons, NOT an Offence Notice Where a Summons is served on a young person, the serving officer shall deliver to the parent, a copy of the Summons 37 Version 2/Sept2021 mleoa.ca REVIEW Version 2/Sept2021 38 mleoa.ca  39 Version 2/Sept2021 mleoa.ca