Provincial Offences Act - Session 2 Lecture Slides PDF

www.opcva.ca Provincial Offences Act #2 Provincial Statutes - Session #2 Version: BCT – Provincial Statutes | Jan 2023 PD © Queen's Printer for Ontario, 2018 Review Q.#1 Is the P.O.A. classified as a “substantive” or “procedural” act? PROCEDURAL Q.#2 How do we proceed for less serious… and mor...

www.opcva.ca Provincial Offences Act #2 Provincial Statutes - Session #2 Version: BCT – Provincial Statutes | Jan 2023 PD © Queen's Printer for Ontario, 2018 Review Q.#1 Is the P.O.A. classified as a “substantive” or “procedural” act? PROCEDURAL Q.#2 How do we proceed for less serious… and more serious charges under the P.O.A. PART I = LESS SERIOUS PART III = MORE SERIOUS 2 Review Q.#3 What is the definition of a Young Person under POA? 12 – 15 YEARS OLD Q. #4 What do we call charged persons under the POA? DEFENDANTS 3 Review Q.#5 What are the 3 steps in proceeding under Part I of the POA ? 1. ISSUE (Fill in the Ticket) 2. SERVE (Sign separately and give defendant Offence Notice; or Part I Summons) 3. FILE (Sign and Submit official Certificate of Offence with the office of the court ) 4 Review Q.#6 What are the time restrictions when proceeding under Part I of the POA with respect to… ISSUING? 30 DAYS FROM OFFENCE DATE SERVING? 30 DAYS FROM OFFENCE DATE FILING? ASAP… BUT NO LATER THAN 7 DAYS AFTER “SERVING” THE DEFENDANT 5 Review Q.#7 To proceed under Part I, what are your options with respect to… ADULTS? MAY ISSUE EITHER AN OFFENCE NOTICE or PART I SUMMONS YOUNG PERSONS? MAY ONLY ISSUE A SUMMONS 6 Review Q.#8 Under Part I, what is the maximum penalty upon conviction? ADULTS? $1000.00 FINE – not including surcharges (NO JAIL) YOUNG PERSONS? $300.00 FINE – not including surcharges (NO JAIL) 7 Review Q.#9 Who may issue an offence notice or summons under Part I… and based on what grounds? Only a PROVINCIAL OFFENCES OFFICER / BELIEF Q.#10 When serving a Part I Offence Notice or Part I Summons, how must it be served? PERSONALLY (… only a few rare exceptions eg. HTA red light camera; Fail to stop for School Bus offences) 8 Review Q.#11 By default, what 2 things are you certifying to be true when you sign the statement created by filling in the blanks on a “Certificate of Offence” form. 1. You have a BELIEF that the noted person committed the noted offence on date/time and location indicated. 2. You personally served the defendant an offence notice. 9 10 Objectives • POA Part I: Summons • Part I Practical Ticket Writing Exercises & • Part III POA – Commencement of proceedings – Information – Summons – Summons before Information 11 Part I: Summons (no out of court settlement) Service: • personally upon the defendant • within 30 days of offence date 12 Part I Summons: Limitations • requires court appearance (can’t use a set-fine) • penalty for conviction = no imprisonment • Court fine upon conviction: - not to exceed $1000 (adult); or $300.00 for young persons (12-15 yrs) 13 Steps for completing a Certificate of Offence when issuing a summons 14 •Tear out (pink copy) summons from back of ticket book • Insert summons under certificate of offence 15 John Q. Smith 22 0 2 07 12:25 p Brown William S. 44 Brown Avenue Toronto Ontario M6H 1H3 Complete Certificate of Offence B 1 1 2 2 3 3 4 4 6 5 0 9 1 0 ON 65 09 10 M John Street South • LEAVE BLANK until after service! Aylmer Fail to Yield to Traffic Highway Traffic Act 144(8) ABBA 439 ON x 7117 • Do NOT include set fine D X 22 0 3 08 09:00 • add court information a 2 16 John Q. Smith 22 02 07 12:25 P Brown William S. 44 Brown Avenue Toronto Ontario M6H 1H3 Remove summons B 1 1 2 2 3 3 4 4 6 5 0 9 1 0 ON 65 09 10 M John Street South Aylmer Fail to Yield to Traffic Highway Traffic Act 144(8) ABBA 439 ON x 7117 22 0 3 08 D Tr. 09:00 a 17 0000000 A 1. add ticket number to top of summons John Q. Smith 22 0 2 0 7 12:25 P Brown William S. 44 Brown Avenue Toronto Ontario M6H 1H3 B 1 1 2 2 3 3 4 4 6 5 0 9 1 0 ON 65 2. sign at bottom of summons 09 10 M John Street South Aylmer Fail to Yield to Traffic Highway Traffic Act 144(8) ABBA 439 3. serve summons on defendant ON x 7117 22 03 08 09:00 18 John Q. Smith D X. a John Q. Smith 22 0 2 07 12:25 P Brown William S. 44 Brown Avenue Toronto Ontario M6H 1H3 Complete Certificate of Offence B 1 1 2 2 3 3 4 4 6 5 0 9 1 0 ON 65 09 10 M John Street South LEAVE BLANK until after service! Aylmer Fail to Yield to Traffic Highway Traffic Act 144(8) ABBA 439 ON 7117 D 22 0 3 08 09:00 x do NOT include set fine X. add court information a 2 19 Amend certification box - stroke out the words, “offence notice” - add the word, “summons” summons 20 John Q. Smith 22 0 2 0 7 12:25 P Brown William S. 44 Brown Avenue Toronto Ontario M6H 1H3 AFTER serving summons on the defendant, B 1 1 2 2 3 3 4 4 6 5 0 9 1 0 ON 65 09 10 M John Street South Aylmer Fail to Yield to Traffic Highway Traffic Act sign the certificate of offence 144(8) ABBA 439 ON x summons John Q. Smith 7117 D X. 22 0 3 08 09:00 a 2 21 Summons - Options • court appearance on date specified 22 Certificate of Offence – (reverse side) Affidavit of Personal Service 1 when “issuer “ not same as “server” 2 3 1 SERVING Provincial Offences Officer’s name and date of personal service 2 Indicates when there is Corporate Defendant 4 3 4 SERVING Provincial Offences Officer’s signature For Commissioner of Oath to sign to complete proof of 23 service requirement Offence Notice Limitations (2 Distinct Paths to proceed with “Less Serious” POA Offences) • • • • • • Offence Notice OR MUST have a set fine; 30 days to serve after offence date; Must file in court ASAP but no later than 7 days after service; Fine not to exceed $1000.00 (before surcharges); NO imprisonment; CAN’T use for anyone 12 – 15 years old (inclusive) Part I Summons Limitations • Certificate of Offence • • Applicable to: • provincial offences officers • Grounds for charge: • a belief that an offence has been committed • Proceedings commenced by: • certificate of offence filed with the court 24 Part I Summons • Located at back of ticket book, must be manually inserted Requires court appearance 30 days to serve after offence date; Must file in court ASAP but no later than 7 days after service; If convicted, fines not to exceed $1000.00 for Adults; and $300.00 for persons aged 12 -15 inclusive NO imprisonment if convicted Part I - Practical You are on patrol and see the defendant driving her car southbound on Talbot Street, Aylmer. The defendant reaches the intersection of John St. which is controlled by a stop sign for southbound traffic. The defendant slows but does not stop and makes a right turn onto John St. You stop the defendant. She produces a valid Ont. drivers’ licence as follows: • Driver : Virginia L. Smith • 3 Hepburn Ave. St. Thomas, Ontario N5R 4J4 • DL#: S3456-62655-45425 / ON, class “G” • 2005 Chevrolet Cavalier – AJBC-123 (Ontario) Look up the offence in your short form wording book and complete a Certificate of Offence to issue an offence notice. 25 John Smith “Certificate of Offence” (page 1) John Smith 2 2 0 2 07 11:08 a Smith Virginia L. 3 Hepburn Avenue St. Thomas ON N5R 4J4 2 2 0 2 07 11:08 a Smith2 Virginia L. 3 Hepburn Avenue St. Thomas S 3 4 5 6 6 2 6 5 5 4 5 4 2 5 ON 3. Sign after Offence Notice served to defendant 54 04 25F Talbot Street at John Street Aylmer Disobey Stop Sign – Fail to Stop Highway Traffic Act 136 (1)(a) Highway Traffic Act 136 (1)(a) ON John Smith ON N5R 4J4 S 3 4 5 6 6 2 6 5 5 4 5 4 2 5 ON 54 04 25 F Talbot Street at John Street Aylmer Disobey Stop Sign – Fail to Stop AJBC 163 “Offence Notice” (page 2) X X AJBC 163 ON John Smith 2701 A Tr. 85.00 110.00 85.00 2701 A Tr. 110.00 BCT Prov. Stats. POA#2-PJH 26 1. Sign first, separately 2. “Serve” or give this document to defendant Part I - Practical 2 • While on patrol you see a 2003 Plymouth Prowler, licence # MUSTGO / Current Ont. marker. • The vehicle was stopped at a red traffic signal in the eastbound lanes of Talbot Street at John Street in the municipality of Aylmer. • When the light turned green, the Prowler accelerated hard causing the tires to spin and squeal for about 4 seconds. 27 Part I - Practical 2 …continued • Using a Part One Certificate of Offence charge the driver with Unnecessary Noise, Highway Traffic Act 75 (4) • Driver : John Brownlee • 1256 Dundas Street , London Ontario N6K 2T7 • DL #: B1234- 66548-51219 / ON, class “GM” 28 Part I – Practical 3 • While on patrol you see a 2009 Ford Mustang southbound in the passing lane of York Street in St. Thomas. • This is a 60 km/h marked four lane paved asphalt highway. • The Mustang approaches the red traffic signal light at High Park Ave. - the driver disregards the light and proceeds through the intersection against this red light. • Use Part One Certificate of Offence & charge the driver with Red Light-Fail to Stop; Highway Traffic Act 144(18) 29 Part I – Practical 3 …continued • Driver: Caroline Beamer • 56 Potter Street , London Ontario N6K 3Y6 • DL #: B8945- 66548-56219 / ON, class “G” • Vehicle: 2009 Ford Mustang 2 Door • Licence plate # 09STANG / Ontario 30 PART III SUMMONS • More serious offences • More formal process • More expensive process • More options for punishment upon conviction 31 No Insurance Vehicle Stop 32 Commencement of Proceedings Part I Part III When the Certificate of Offence is filed in the office of the court Justice When an Information is laid before a Justice 33 33 Part III POA • Part III (more serious & more formal process) • Applicable to – anyone • Grounds for charge – reasonable and probable grounds that an offence has been committed • Proceedings commenced by – Information 34 Part III Prosecution: 2 Step Process 1. An Informant must attend before a Justice to swear to a completed official charge form. (form 105 - “Information”) 2. The defendant must be served with a “Summons” directing them to attend court to answer to the charge • The only variable is the order these steps are completed… Long Form vs Short Form Summons 35 Information • anyone may lay information before a justice • Information in Form 105 • Limitation (time frame from offence date to formally lay a charge) – within 6 months of offence – unless prescribed otherwise in statute that creates the offence 36 Purpose of an Information: 1. Formally “commences proceedings” 2. Informs the defendant of the allegations 3. Indicates that an allegation under oath has been made 4. Indicates that a charge has been laid within the applicable limitation period. 37 BCT Provincial Statutes POA #2 of 3 - PJH 38 Summons – Minimum Criteria (s. 26) Must be: 1. directed to the defendant; 2. describe the alleged offence; and 3. require the defendant to attend court at the time and date specified and thereafter as required by the court. 39 2 Types of Part III Summons “Long” Form 106 “Short” Form 104 40 40 Form 106 Summons – (Long Form) Used in situations where: 1. follow-up investigation is required for “NSF” offences (e.g. charges are not laid at or near the place where the offence occurred, but at later time. 2. less serious charges (Part I Offences) require followup investigation exceeding the 30 day time limitation after the offence date under Part I … by using the Part III process it effectively extends the time allowed by law to lay a charge (for up to 6 months) 41 Summons – Form 106 (Long Form) STEP 1. SWEAR AN INFORMATION (CHARGE SHEET) BEFORE A JUSTICE (FORM 105) STEP 2. IF SATISFIED R&PG EXISTS, JUSTICE WILL ENDORSE form 105 & ISSUE A LONG FORM “106” SUMMONS TO BE SUBSEQUENLY SERVED UPON THE DEFENDANT 42 Summons – Form 106 (Long Form) • issued by justice after information sworn • requires defendant to appear in court • must be served on the defendant – personally – substitutionally • Affidavit of Service to be sworn • service may be by registered mail – to a person who does not reside in Ontario – to a corporation 43 BCT Provincial Statutes POA #2 of 3 - PJH 44 BCT Provincial Statutes POA #2 of 3 - PJH 45 Summons – Form 104 (Short Form) STEP 1 ISSUE A SHORT FORM 104 SUMMONS TO THE DEFENDANT AND COMPLETE THE AFFADAVIT OF SERVICE (COURT DATE MUST BE FAR ENOUGH OUT TO COMPLETE STEP 2) STEP 2 YOU APPEAR (or court officer on your behalf) BEFORE A JUSTICE TO SWEAR AN INFORMATION RE: THE OFFENCE(S) COMMITED 46 Form 104 Summons – (Short Form) Used in situations where: 1. The defendant is found by a Provincial Offences Officer to be “at or near” the place where the offence occurred. e.g.. In the video clip, the motorist admitted that they didn’t have m/v insurance …therefore, the defendant was located at or near where the offence took place = Form 104 47 Summons before Information Form 104 (Short Form) • Provincial Offences Officer • R&PG offence committed • finds person at or near place offence committed • may issue summons (Form 104 – short form) Ref. sec 22, POA 48 PART III SUMMONS “short form” summons: issued before information BCT Provincial Statutes –POA #2 of 3-PJH 49 (Form 104) Ref. sec 22, POA Insert Course Code Here 50 Summons before Information •Information must be laid •Affidavit of Service to be sworn •summons to be confirmed by a justice 51 (2 Distinct Paths to proceed with “More Serious” POA Offences) (Provincial Offences Officer ONLY on R&PG) POA Part III Limitations (Either Path) • maximum fines/jail as specified in the act creating offence • 6 month time limit unless specified in act creating offence (Affidavit of Service to be sworn) A B “Short Form” Summons (104) More Serious Prov. Offence Committed Information (105) Found at or near? (ANYONE On R&PG) (Affidavit of Service to be sworn after summons served on defendant) B 52 Information (105) “Long Form” Summons (106) Next Period • POA Review • Residential Tenancies Act • Complete Study Guide Assignments 53 54