PLG155 Legal Research & Writing Fall 2024 Assignment - PDF

STATUTES AND REGULATIONS: A BREAKDOWN ASSIGNMENT PLG155 (001) – Legal Research and Writing Fall 2024 Assignment Information 1. This assignment is due on September 24, 2024 by 11:59 pm. 2. This assignment is to be done individually, w...

STATUTES AND REGULATIONS: A BREAKDOWN ASSIGNMENT PLG155 (001) – Legal Research and Writing Fall 2024 Assignment Information 1. This assignment is due on September 24, 2024 by 11:59 pm. 2. This assignment is to be done individually, without the use of any kind of generative artificial intelligence (i.e. ChatGPT), and it must be submitted electronically in Word format through the “Assignment Submission” area of Blackboard by the deadline above. 3. You are not permitted to consult with other students as you complete this assignment. 4. Include a title page for the assignment containing your name, the title of the assignment, the course code and section, and the date. Please use Times New Roman or Arial font. Your margins must be normal (2.54 cm) on all sides. 5. This assignment is worth 15% of your total grade in this course. It will be graded out of a total of 45 marks. There is no rubric for this assignment. Instead, you will see how many marks each question is worth below. 6. 25% of your final grade on the assignment will be deducted for every day the assignment is late (including Saturday and Sunday). 7. Ensure you are viewing the current consolidated version of all statutes and regulations mentioned below. Assignment Instructions Please fully answer each question below, briefly explaining how you found information and the steps you took in the research process (i.e. “I went to website x, clicked on y, then I clicked on z”). You will not receive full marks if you do not briefly explain the steps you took to get to your answer. Please use your own words and avoid copying directly from lecture Powerpoints or the textbook. You are permitted to use point-form in your answers. 1 PART I – FEDERAL STATUTES (12 MARKS) 1. In your own words, describe the relationship between a statute and its regulations. (2 marks) 2. Find the federal Telecommunications Act, SC 1993, c 38 on Justice Laws. Use this statute to answer the following questions: (A) What date did this statute receive Royal Assent? Where did you find this information? (2 marks) (B) When was this statute last amended? What is the title of the amending statute? Where did you find this information? (3 marks) (C) How does the statute define a “telecommunications service”? Where did you find this information? (2 marks) (D) If a decision of the Canadian Radio-television and Telecommunications Commission is appealed, to which court does that appeal proceed? (2 marks) (E) What is the long title of this statute? (1 mark) PART II – PROVINCIAL STATUTES (12 MARKS) 3. Find the Ontario Law Society Act, RSO 1990, c L.8 on e-Laws. Use this statute to answer the following questions: (A) When was subsection 27(1) of this statute last amended? How do you know? (2 marks) (B) How many regulations have been made under this statute? In what year were these regulations made? Where did you find this information? (3 marks) (C) Where would you find the list of principles to be applied by the Law Society of Ontario in carrying out its functions, duties, and powers under the Law Society Act? (2 marks) (D) Read subsection 5(1) of the statute. Is this an example of an imperative or a permissive provision? Explain. (2 marks) (E) In your own words, interpret and explain what subsections 31(1) and 31(2) provide. (3 marks) 2 PART III – FEDERAL REGULATIONS (11 MARKS) 4. Find the federal National Parks of Canada Cottages Regulations, SOR/79-398 on Justice Laws. Use this regulation to answer the following questions: (A) To which lands does this regulation apply? How did you find this information? (2 marks) (B) To be undertaken, a development must comply with the standards in which two codes? Where did you find this information? (2 marks) (C) How many off-street parking spaces is a cottage lot required to have? Where did you find this information? Is this an imperative or permissive provision? (3 marks) (D) When was the section of the regulation dealing with fences and hedges amended? How do you know? (2 marks) (E) Under which statute is this regulation made? Are there any other regulations under this statute? How do you know? (2 marks) 3 PART IV: BREAKING DOWN AND BUILDING UP PROVISIONS (10 MARKS) 5. Below is section 2 of O Reg 277/99: Red Light Camera System Evidence, a regulation made under the provincial Highway Traffic Act, RSO 1990, c H.8, on e-Laws: 2. (1) For the purposes of Part XIV.2 of the Act, a red light camera system is the combination of one or more cameras and other equipment of a type described in subsection (1.1) that is installed at an intersection controlled by a traffic control signal such that, (a) it is capable of photographing all or part of the intersection; and (b) it takes a first photograph of a vehicle when the vehicle approaches the intersection at or above a detectable speed when a red indication is shown and it then takes one or more further photographs in succession. O. Reg. 569/00, s. 2; O. Reg. 245/07, s. 2 (1). (1.1) A red light camera system may be the TraffiStar SR 520-ONT or the TraffiStar SR 590-ONT, referred to interchangeably in this Regulation as TraffiStar. O. Reg. 317/20, s. 1. (2) A further photograph referred to in clause (1) (b) may be taken when the green indication is shown. O. Reg. 277/99, s. 2 (2). (3) A red light camera system may take the sequence of photographs described in clause (1) (b) from the same or different angles. O. Reg. 277/99, s. 2 (3). (4) A red light camera system may be permanently or temporarily installed at an intersection. O. Reg. 277/99, s. 2 (4). Use this regulation and its enabling statute to answer the following questions: (A) What does the regulation mean when it refers to “Part XIV.2 of the Act” in subsection 2(1)? (2 marks) (B) What does the regulation mean when it refers to a “detectable speed” in subsection 2(1)(b)? (2 marks) (C) Is the red light camera system required to take photographs from the same angles? (2 marks) 4 Below is section 205.24(1) of the provincial Highway Traffic Act, RSO 1990, c H.8: 205.24 (1) An owner of a motor vehicle convicted, as an owner, of an offence under subsection 144 (18) on the basis of evidence obtained through the use of a red light camera system is not liable to, (a) a driver’s licence suspension under section 46 as a result of default in payment of a fine resulting from that conviction; or (b) imprisonment or a probation order under subsection 72 (1) of the Provincial Offences Act as a result of that conviction or as a result of default in payment of a fine resulting from that conviction. 1998, c. 38, s. 4; 2019, c. 8, Sched. 1, s. 37 (1). (2) A driver of a motor vehicle convicted, as a driver, of an offence under subsection 144 (18) on the basis of evidence obtained through the use of a red light camera system is not liable to imprisonment or a probation order under subsection 72 (1) of the Provincial Offences Act as a result of that conviction or as a result of default in payment of a fine resulting from that conviction. 1998, c. 38, s. 4; 2019, c. 8, Sched. 1, s. 37 (2). Use this statute to answer the following question: (D) What penalties cannot be imposed if a person is convicted of this offence as an owner of a motor vehicle? (4 marks) 5