Provincial Statutes & Regulations 1 Review Fall 2024 PDF

Provincial Statutes and Regulations 1 Review FALL 2024   Offence – means an offence under a provincial legislation, regulation or by-law  Police officer – does not include special constable or by-law...

Provincial Statutes and Regulations 1 Review FALL 2024   Offence – means an offence under a provincial legislation, regulation or by-law  Police officer – does not include special constable or by-law officer Terminology  Prov. Offences Officer (POO) – police officer, municipal law enforcement, by-law enforcement, person designated under section 1 (3)  Most provincial offences proceed by way of charging someone using a Part 1 Liquor offences for example, if they have a set POA Part 1 fine, the offender will be charged with a Part 1 for the majority of offences Proceeding commenced under Part 1 when officer completes the Certificate of Offence (charging document) and then hands the offender the Offence Notice indicating the offence committed, the Act, section, and fine   Part I - 3 options for the offender: 1. Plead Guilty, pay fine, 2. Plead guilty before a Justice of the Peace with submissions as to penalty – resolution meeting with prosecutor prior 3. Plead not guilty and request a Trial. POA Part I Offender has 15 days to decide on one of the 3 options, if they don’t, they will be found guilty and be required to pay the fine Officer must file Certificate of Offence at court within 7 days  Under Part 1 - Service of Offence Notice Served personally within 30 days of the offence Otherwise, if a charge will still be laid…Part III summons must be issued POA Filing of Certificate of Offence in court Part 1 No later than 7 days after service Under Part I of the POA, fines are capped at 1000 dollars No jail time Short Form Wordings/Set Fines  Approved language use to describe an offence on a Part I charging document  Established by the chief justice – provides the defendant with a written notice of which offence they alleged to have committed  Officer can’t issue a fine that is different from the set fine  Personal service only – Part I can’t be served to someone else for the defendant Part 1 - Trial  Decide on trial – officer will give testimony  Justice of the Peace usually presides  Person or representative can ask questions, call witnesses or give evidence  Defendant does not have to appear in court – can have a representative (lawyer or paralegal)  Defendant does not have to testify or call witnesses  If defendant or representative does not appear for trial, JP can review Certificate of Offence and if no errors, person is found guilty – officer not required to testify POA Part III – at time and place of offence  Commits an offence for which there is no set fine or set fine does not satisfy the offence  Serve Part III summons – must attend court (could have a representative attend)  Officer completes affidavit of service on reverse side of summons  Officer completes an information (charging document)  Swears to summons, affidavit of service and information before a J.P. or judge  All summonses must be accompanied by an information Part III summons – charged after the offence date  Officer completes an information alleging a provincial offence  Officer swears to the information (charging document) before a JP or Judge  JP or Judge is satisfied on the evidence provided, a summons under Part III should be issued charging the offender  Offender is served with the summons  Officer completes the affidavit of service and swear to the service before a JP  12 to 15 years of age Must be issued a summonsed– can’t be issued a Part 1Offence Young Notice Person Parents must be notified of the charges No one under 12 years of age can be charged  Ontario Court of Justice Has jurisdiction over POA matters JP – usually presides over POA matters Judge for more serious trials LLCA - Review  Legally possess liquor in 3 locations if over 19 years  Residence  Licenced Establishment  Private Place  Motor vehicle can be a private place if?-– sleeping accom., cooking, parked off highway and used as a residence  Boat considered a private place if – anchored or moored, cooking, washroom and sleeping facilities and intended to be used as a residence LLCA - Review  Minor Offences (under 19 years) – POACH  Offences – Can’t purchase, obtain, attempt to obtain, consume or have liquor  How would you charge a person between the age of 16 and 18 years? What process would you use?  Charged 16 to 18 years – Part 1 Certificate of Offence  What about under 16 years?  Under 16 years – part 3 summons and notice to parent LLCA - Review  Arrest authorities - Intoxicated in public – by consumption of alcohol, in a public place, danger to someone  OR  Committed an LLCA offence and failed to ID or believe ID was false  Limitation period for charging – 2 years from time of offence  Public place – not private, public is invited, place of business, accessible to the public  Taken to detox (hospital) instead of arresting – ensure their/someone safety LLCA Review  Search and seizure – Motor vehicles and boats  RG’s to believe liquor is unlawfully kept – search w/o warrant and people found in  Seize liquor was used or is being used in the commission of an offence  If not seized will continue to be used or will be used again in the commission of an LLCA offence  This can occur anywhere, not just MV and boats ie. Person walking down the street with a beer in hand MHA - Review  Police – enforcement, intervention and referral  No arrest – just apprehension authorities of “person in crisis”  Police enforcement apprehension order issued by – physician, JP, Officer in charge of a psych facility  Apprehension powers – 4 professionals – police, judge, JP, doctor MHA - Review  S. 17 – acting disorderly, due to mental disorder, danger to self/others, dangerous to wait for order to apprehend  Behaviours include – threatening or has threatened someone including bodily harm to themselves  Behaving or has behaved violently  Lack of competence to care for themselves – evidence from witnesses, attending officer etc.  Officer do not have to witness the behavior – just believe it occurred through witnesses, observations etc. MHA - Review  If apprehended - take for examination forthwith  Police officer’s apprehension authority does not extend beyond the time required to locate and apprehend subject – (as long as it takes)  Physician can order person detained in hospital for up to 72 hours for further examination (form 1)  Police must wait with person apprehended until they are examined by physician before they can leave MHA - Review  Informal patient – person admitted to a psych facility having been admitted with the consent of another person  Usually, a child admitted by a parent or an elderly person admitted by a caregiver  Voluntary patient – someone who seeks treatment on their own for mental illness MHA - Review  Involuntary patient – person detained at psych facility under a certificate of involuntary admission (often apprehended by police) or a certificate of renewal – not free to leave the facility  Involuntary patient leaves psych facility – must be apprehended within 30 days – otherwise deemed to be discharged  4 types of professional can order person taken into custody under MHA – apprehension of subject (not arrest!)  1. a physician  2. a Justice of the Peace  3. a police officer  4. a judge MHA - Review  If Justice of the Peace or physician issue an order, it’s good for 7 days to make the apprehension  If a person appears before a judge – charged or convicted of an offence and appears to suffer from a mental disorder – remanded to a psych facility for examination for no more than 2 months RTA - Review  Residential Tenancies Act 2006 – police response is to referee and refer to Landlord and Tenant Board  Tenancy agreement – 3 ways  1. written  2. oral  3. implied – maybe with a close relative or friend RTA - Review  Landlord terminates tenancy.  No fault – major repairs, family member moving in, property sold and family member moving in  For cause – nonpayment of rent, damage to unit, causing disturbances. Illegal activity  After eviction by sheriff, tenant has 72 hours to retrieve belongings. Police response to eviction  Only a sheriff can enforce the order  Keep the peace if sheriff is trying to evict someone and they feel they may have difficulties  Consider Trespass to Property Act arrest and charging authorities RTA - Frequent student questions  What is security deposit and can the landlord demand on?  Landlord can only ask for deposit equal to one month or one week’s rent– put toward last month/week of residency  Can they ask for a security or property damage deposit?  They can’t ask for damage or security deposit if the deposit exceeds one month/week’s rent  If you sign a one year lease agreement, you pay monthly normally until the lease is terminated TTPA Review – method of giving notice  Land under cultivation – farm property/orchards with trees under 2 metres – no signage required – fence to keep animals in  No trespassing notification - orally or in writing  No Trespassing or prohibited activity signs posted – visible in daylight and at ordinary points of access TTPA - Review  Occupier – physical possession/control of property  Premises – almost any property, as well as vehicles/trailers/portable structures  3 offences under section 2  Enter premises when prohibited  Engage in prohibited activity  Fail to leave when directed  All are arrestable by occupier or police on the property  Only police can arrest off property for the purposes of ID of subject TTPA - Review  Trespassing is an “absolute liability” offence  Means onus on offender to prove his or her innocence  If proper steps taken by landowner regarding notice – difficult for offender to prove they are not at fault TTPA - Review  Trespass by Means of a MV or MSV – s. 11  Driver is liable to fine  If driver is not the owner, owner is liable for a fine unless the driver has already been convicted  Unless vehicle taken w/o owners consent TTPA/LLCA - Review  Person in a licence establishment – asked to leave and refused – police can attend and arrest for trespassing.  What if the person is intoxicated? – arrest for intox in public under LLCA if they meet the criteria  manger/bar owner have the authority to remove the person under LLCA and use reasonable force (not an arrest)  If person is a minor (under 19 years) – can be charged for minor consume  Owner/manager/server can all be charged with supplying minors Coroners Act - 5 questions in a death investigation  Who becomes a coroner?  Coroners are medical doctors with specialized death investigation training  Role and responsibilities to determine:  Who died – ID?  How did the person die (medical cause such as cardiac arrest)?  When did they die (actual or approximate date and time)?  Where did the deceased die (location) – could be different from where found?  By what means – homicide, suicide, natural causes, accidental and undetermined?  Why is their role so important in a death investigation?  Coroners assist police investigators with death investigations to rule out foul play, determine if the death is suspicious, was due to negligence etc. Role of the Coroner  Statutory authority to investigate sudden or unexpected deaths – circumstances that warrant further investigation  Powers include taking possession of the body, enter and inspect where deceased person was, inspect records, search and seize anything related to the death  Issue a warrant to seize the body and perform a postmortem examination under 15(1) of the Coroners Act (not Criminal Code) Coroner Notification Or Police  Deaths that occur suddenly or unexpectedly,  construction or mining site,  a person is in custody or while is incarcerated in a correctional facility  Use of force by police  Accidental, homicide or suicide  Psych facility, supported living, children’s residence  Public or private hospital  MAID (Medical Assistance in Dying) Coroner Notification  In a situation where a person dies while being treated by a doctor for a disease or illness  No coroner notification is required Investigative Powers  Act authorizes these three classifications of persons (coroner, police, med. prac.) to take the following action:  Subsection. 16 (1)  View or take possession of a dead body  Enter and inspect – place where dead body was found or reasonable grounds to believe previously contained the body (body had been removed) Conducting the Post-Mortem  Decision to conduct PM is made by coroner – sometime in consultation with the pathologist (doctor who conducts PM) – decision is legally binding  Should always be witnessed by police investigator (if possible)  Share relevant information found at the scene to assist determining the 5 questions to be answered  All information shared should be documented Coroners Inquest  Mandatory in some deaths or if coroner feels it’s necessary in the public interest  Jury could make recommendations to avoid deaths from occurring in a similar manner  Presided over by a coroner  5 member jury – majority decision only required (minimum 3)  Open to the public Coroners Inquest  5 purposes of the coroner's inquest – to determine:  Who the deceased was  How the deceased came to his/her death  When the deceased came to his or her death  Where the deceased came to his or her death  By what means the deceased came to his or her death Mandatory Inquests  Person is an inmate of a psychiatric facility  Person is an inmate at a correctional institution  Person in custody of police (does not have to be in physical custody)  Construction or mining site Cannabis Control Act, 2017 Overview Establish prohibitions relating to the sale, distribution, purchase, possession, cultivation, propagation and harvesting Restrict access for youth to cannabis, protect public health and safety  Boat/Vehicle Offences Transport cannabis in original packaging and unopen Packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle or boat  What are a police officer’s search powers in relation to a vehicle or a boat? RGs Cannabis is being contained in a vehicle or boat and an offence is being committed W/O warrant, enter and search the vehicle or boat and search any person found in it.  Seizure Powers Two circumstances: Offence was committed or appears to have been committed Seizure to prevent continuation Smoke Free Ontario Act does not contain any powers of seizure w/o warrant (smoking in location where prohibited)  When can a police officer make a cannabis seizure under the Cannabis Control Act? RGs - will afford evidence of an offence Used or being used in the commission of an offence The thing is proceeds of an offence under this Act.  What are a police officer’s powers of arrest w/o warrant under the Cannabis Control Act? Contravention of the act or regulations Fails to identify or believe the identity and address are false Arrest w/o warrant Offence Relating to Minors – Persons Under 19 years No one under 19 years – shall possess, consume, attempt to sell, purchase or distribute cannabis Police officer may refer youth to an approved youth education or prevention program No exemption like LLCA for parent/guardian to give a person under 19 years cannabis Questions