Provincial Offences Midterm Notes PDF

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Provincial Offences Midterm Notes Common Law: early or traditional laws based on customs, traditions and practice – usually not written down  Search of a person after arrest is common law authority (weapons, evidence of the offence and any means of escape Statute Law: laws enacted by various levels of government  Federal: statute and regulations  Provincial: statute and regulations  Municipal: bylaws Case Law: law that is based on previous court decisions (stare decisis). Lower courts must follow higher court decisions Provincial Offences Act: enacted in 1979, governs prosecution and execution of enforcement action of all piece of provincial legislation (LLA, TPA, HTA) Community Safety: LLA, Trespass to Property, Residential Tenancies Act People at Risk: MHA, Child and Family Services At, Corners Act, Blind Person’s Act Vehicle and Highway: HTA, Safe Streets Act  Most common is speeding under HTA and liquor under LLA Statute: a law created, repealed or revised by a majority vote of the elected of parliament (federal) or the legislative assembly (provincial) Regulation: a law created or revised under the authority of a statue by the cabinet or a cabinet minster (Ontario Cabinet is the Lieutenant Governor in Council – Premier and the Ministers) Bylaw: a law created or revised under the authority of a statute by a municipality Federal: criminal code, YCJA, controlled drugs and substances act Provincial: LLA, MHA, Trespass to property Enforcement: investigating the offence/laying a charge to bring the person before a court to punish them (fine or jail) or restrict their behavior through a court order (suspension) Invention: investigate a problem using a power or authority to apprehend the person to take them somewhere for help or restrict their behavior though a court order or statutory power in order to keep the peace Referral: invention – a problem and providing advice education or mediation or referring the person to another agency to resolve a problem to ensure that the peace is kept (landlord and tendent board) General limitation period of 6 months Individual acts must be consulted regarding substantive laws e.g. owner or operate MV with no insurance Interpretation (S1): Offence under an act or municipal by-law Police Officer: does not include special constable or by-law enforcement officer Provincial Offence Officer: includes a police officer, by-law, municipal enforcement A police officer is a provincial offences officer but a provincial offences officer is not a police officer Toronto Transit Officers: special constables, for the MHA same powers as a police officer, LLA same powers as police officer Part I: Minor Offences (must be served within 30 days, max $1000 fine)  Most offences processed under Part I  Authorized Offence Notice to be issued –

Payment (plea guilty) Request a meeting with the Prosecutor Request a Trial  Defendant has 15 days to select one of those options (if you do not pay your fine you will get a letter in the mail and could have your license suspended Limitations: no option for jail, defendant must be served personally within 30 days of offence, affidavit of service if served by other POO, and filling of certificate of offence in court – no later than 7 days after service (tickets on a 12-hour clock) If the officer is charging someone after 30 days, they must proceed by Part III Summons After a Part I Offence Notice is issued, the certificate of offence must be filed at court within 7 days   

Absolute Liability: only required to prove you committed the act (parking, speeding) don’t have to prove mental intent, just have to prove the act was committed Strict Liability: similar expect you may raise a defense - took steps to avoid or reasonably believe in a mistaken set of facts if true would render the act innocent (charged with trespassing but didn’t realize you were on private property) Most POA are strict liability Part II: Parking Infractions  Notice may be served personally or by affixing the notice conspicuously on the defendants vehicle  The court MUST HAVE: evidence of vehicle ownership if the charge is against the owner, copy of the notice of trial with affidavit of service and the certificate of parking infraction Part III: Major offences and those outside part I limitation Two paths for Part III Summons  Find person at or near the offence location – serve them at that time  Serve after the offence date (up to 6 months) unless provincial statute states otherwise Used when more than 30 days have passed since offence date and can’t be proceed by Part I Summons before Information Laid: POO finds the defendant at or near the location of the offence/committing the offence (person observed giving alcohol to minors) – summons must be served on the defendant in prescribed form – POO completes and swears/affirms affidavit of service The information is sworn before the justice than summons, or summons is given than the information is brought before the justice\ Arrest/Search Powers: found in individuals acts with S145 POA as the exception (rare) Part III Summons: over $1000 fine, young persons 12-16, offences where jail is possible upon convictions and more severe punishment considered Part V- General Provisions Limitation. 81 Ignorance of the law (ignorance of the law by person who commits an offence is not an excuse for committing the offence Part VI- Young Persons Parent: an adult with whom the young person ordinarily resides Young Persons: anyone who is or appears 12 – 15 No person can be convicted of an offence under the age of 12 Young persons must be charged using a summons Justice of the Peace: when you take something to court it is signed by them S96 (1) Note to Parent: summons is served on a young person or recognized – POO must give notice to parents by delivering copy of summons

S143 Officer in Charge: PO in charge of the look-up or other place to which a person is taken after their arrest S 145 Arrest W/O Warrant: any person R and PG committed an offence and freshly pursured S 150 Person in Custody: taken before JP as soon as is practicable or within 34 hours Part VII: Use of Force Police Officer S146(1): he/she acts on reasonable and probable grounds, justified in using as much force as is necessary, to do what the officer is required by law Citizen S146(2): every person upon whom a PO calls for assistance, is justified in using as much force as he or she believes on reasonable probable grounds is necessary to render such assistance Liquor License Act Control the possession and consumption of alcohol in Ontario Intoxicated or Drunk: drunkenness is the state that results when the consumption of alcohol negatively affects a persons motor and mental skills Having liquor in an open contain in other than licenses premises, residences, or private place: $100 fine plus 5 court cost and $20 victim surcharge Alcohol: a product of fermentation or distillation of grains, fruits or other agricultural products  Synthetic ethyl alcohol, not all fit human consumption, windshield washer fluid, hand sanitizer, mouth wash, cough syrup, rubbing alcohol, perfume/cologne Liquor: any alcohol that is suitable for human consumption (beer, spirits, wine)  Must exceed 0.5% alcohol  All liquor is alcohol but not all alcohol is liquor Beer: fermentation of barley, malt, hops and must be in excess of 0.5% alcohol by volume (near beer) Spirits: alcohol obtained though distillation (vodka, gin, rum, tequila, whisky, brandy) Wine: fermentation of natural sugars contained in fruit (grapes, apples) All contain alcohol over 0.5% Possession: knowledge, consent, control Residence: dwelling house, apartment, condo, and tent along with campsite (EXPCTATIONS are common areas – hallways, laundry room, lobbies – resident of multi occupancy dwelling is allowed to consume liquor in these areas - CANT be intoxicated) Licensed Establishments: issued under LLA, licensed to sell liquor, or have a special occasion permit Private Place  Motor Vehicle: used as a residence, sleeping accommodations, cooking facilities, parked off the highway NOT on the shoulder  Boat: permanent sleeping, cooking and sanitary facilities, anchored or secure to the dock or land (moored – not moving), intended to use as a residence  Public Place: premises or place of business (invite people to attend) RESIDENCE – LICENSED ESTABLISHMENT – PRIVATE PLACE Minors 19 and under: if a person under 19 purchased, obtains, attempts to purchase, consume or have liquor that person commits an offence ID You Can Use: Dl with photo, Canadian passport, citizenship card w/ photo, Canadian armed forces ID, Indian status certificate, permanent resident card NOT Acceptable: health card, not ID that is prescribed by LLA,

Container: open, closed or sealed Anyone 19 or older can possess SEALED liquor any place anytime (but in a boat) Searching for Liquor: reasonable grounds, open liquor, motor vehicle or boat, anytime w/o warrant, enter and search, motor vehicle, boat or anyone found in it. Arrest Powers: police officer may arrest w/o warrant when 1. A person is intoxicated from consumption of liquor 2. A person is in a public place or common area (hallways, lobbies, laundry room) – served part I offence notice and fined $50 plus surcharge 3. Officer’s opinion, you’re a danger to yourself or others Refusal to Identify: person found apparently in contravention of the LLA and person refuses to give name/address or you believe they are giving you incorrect information Vacate Order by Police Officer: S 34 (3): order to vacate premises despite wishes of owner Search Powers W/O Warrant: any MV or boat an officer has RG to believe liquor is unlawfully kept Seizure: Past and Present and Past and Future No specific use of force authority in respect to LLA Limitation Period: 2 years from the date of the offence, non-police enforcement includes: liquor inspectors with the alcohol and gaming commission Mental Health Act Mental Diseases: schizophrenia, major depression and bipolar disorder (suicide attempts, mute behavior, excited delirium) Treatment: medication, counseling/psychotherapy, life skills training, addiction counseling, self help groups, education, peer/family support Mental disorders are more common in female and substance abuse is more common among males Primary Role for Police Intervention in Crisis: control safety problems, recognize mental disorder, and determine if medical attention is needed “Not just another call, police response to people with mental illness in Ontario” Informal Patient: person admitted Involuntary Patient: person detained (suffering from mental disorder, danger to themselves, dangerous to wait for an order from JP, person is apprehended) Mental Disorder: any disease or disability of the mind 1. Enforcement: order for psychiatric assessment or examination written by:  Physician – 72 hours  JP – 7 days  Officer in Charge – 30 days 2. Invention: ensure safety of other before de-escalating situation 3. Referral: provide recourses in non-emergency situations Apprehension Powers: no offence within MHA 1. Physician 2. Justice of the Peace

3. Police Officer 4. Judge S 17 MHA The police officer must have RG to believe hat the person is acting or has acted in a disorderly manner and have reasonable cause to believe that the person 1. Has threatened/attempted, threatening/attempting to cause bodily harm to themselves 2. Has behaved/behaving violently toward another person or causing fear of bodily harm 3. Has shown/showing inability to care for themselves A police officer must believe a person is suffering from a mental disorder that will result in  Serious bodily harm to that person, another person or physical impairment of the person Physician Order: Form 1 – detains the person for up to 72 hours MAPS: Major mental disorder, Active psychotic indicators, Previous history of violence, Substance abuse Crisis Intervention Tips: containment, communication/de-escalation, subject safety, use of force, firearm avoidance, fear, stigma, experience and feedback, culture De-escalation Tips: continually assess threat, be professional, model composure, body language, physical space, use names, calm/clear language, validate their feelings, encourage them to relax, provide realistic assurance, be clear about your limits and authority, remain patient with the person Justice of the Peace S16: order a person into custody, anyone can lay an information, Form 2 take for examination by physician Enforcement of the CTO: physician issues Order of Examination, police have authority to apprehend, person taken to physician (form 1 where they are taken to hospital/facility), valid for 30 days...