session_3a_lecture_slides_-16887-20230118.pdf

www.opcva.ca Provincial Offences Act #3 Provincial Statutes - Session #3(a) Version: BCT – Provincial Statutes | Jan 2023 PD © Queen's Printer for Ontario, 2018 Objectives • POA Review • POA Part III Practical exercise 2 POA Review 1. Is the P.O.A. classified as a “substantive” or “procedura...

www.opcva.ca Provincial Offences Act #3 Provincial Statutes - Session #3(a) Version: BCT – Provincial Statutes | Jan 2023 PD © Queen's Printer for Ontario, 2018 Objectives • POA Review • POA Part III Practical exercise 2 POA Review 1. Is the P.O.A. classified as a “substantive” or “procedural” act? PROCEDURAL 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 3 POA REVIEW 3. How would you describe “commencement of proceedings to a civilian friend”? 4. When does the “commencement of proceedings” begin under a) Part I? b) Part III? 5. What is the white copy of your PON called? 4 POA REVIEW 6. What is the green /blue copy of your PON called? 7. What is the pink copy of the PON used for? 8. What grounds are required to issue a Part 1? 5 POA REVIEW 9. Who can issue a short form Part 3? 10. Are you required to swear to an “affidavit of service” upon service to a defendant of a Part 3 Summons? 11. Who may lay an Information under the POA? 12. What grounds are required to lay an Information under the POA? 13. Can a 15 year old accept a Part III summons directed to their father? 6 14. When proceeding by Part I of the Provincial Offences Act, a Provincial Offences Officer has ________ days to issue an offence notice or summons. a) b) c) d) 7 days 15 days 30 days 45 days 7 15. To commence proceedings under Part I of the Provincial Offences Act, a Provincial Offences Officer requires ____________ that an offence has been committed. a) b) c) d) a belief reasonable grounds reasonable and probable grounds a reasonable belief 8 16. After serving a defendant with a Part I offence notice or summons, the Provincial Offences Officer must file the certificate of offence at the court _______ after service of the offence notice or summons. a) b) c) d) within 7 days within 15 days as soon as is practicable but no later than 7 days as soon as is practicable but no later than 30 days 9 17. A provincial offences officer must have __________ to commence proceedings under Part III of the Provincial Offences Act. a) reasonable and probable grounds to believe an offence has been committed b) a belief that an offence has been committed c) a suspicion that an offence has been committed d) permission from a supervisor 10 18. Pursuant to the Provincial Offences Act, a proceeding shall not be commenced after the expiration of any limitation period prescribed by or under any Act for the offence or, where no limitation period is prescribed, after ______ after the date on which the offence was, or is alleged to have been committed. a) b) c) d) six months twelve months two years three years 11 Review POA • Regulatory / Procedural Act • No general arrest authority • No general search authority 12 (2 Distinct Paths to proceed with “More Serious” POA Offences) (Provincial Offences Officer ONLY on R&PG) A (Affidavit of Service to be sworn) B “Short Form” Summons (104) More Serious Prov. Offence Committed POA Part III Limitations (Either Path) • maximum fines/jail as specified in the act creating offence Information (105) Found at or near? (ANYONE On R&PG) (Affidavit of Service to be sworn after summons served on defendant) B • 6 month time limit unless specified in act creating offence Information 14 (105) “Long Form” Summons (106) Practical Exercise • While on patrol you stop a 2008 Pontiac G6 at Lakeside Dr and Waterloo St N in Stratford. The driver is a suspended driver for unpaid fines • Use a Part III Short Form Summons & charge the driver with Driving While Under Suspension; Highway Traffic Act 53(1) 15 Part III – Practical 1 continued Charge - Driving While Under Suspension Highway Traffic Act s. 53(1) Court Address - County of Perth Court House, 1 Huron Street, Stratford, Ontario Courtroom # 1 Court Date –(Tuesdays or Thursdays - 5 weeks out, @ 9:00AM) Driver: Barbara A Nesbitt DOB 1943 March 7 877-2400 Hyde Park Rd, London, Ontario, N4T 2S7 DL #: N9783-80434-35307 / ON, class “G” Vehicle: 2008 Pontiac G6 4 door blue Licence plate # AHBH424 / Ontario (NOTE*** your local jurisdictions court schedules will vary) 16 7th February 2022 9:25 NESBITT BARBARA A A 877-2400 HYDE PARK RD LONDON ONTARIO N4T 2S7 LAKESIDE DR IVE AT WATERLOO STREET NORTH STRATFORD, ON DRIVING WHILE UNDER SUSPENSION HIGHWAY TRAFFIC ACT 53(1) County of Perth Court House, 1 Huron Street, Stratford, Ontario 15h March 2022 9:00 A 1 7th February N9783 2022 80434 35307 F 0 7 03 43 AHBH424 14 ON 8293 30110 X 17 G PONT 18 19