This Assignment has three (3) questions which must be completed.
1. Choose one offence which has a Set Fine under one of the following Ontario statutes, or a regulation made under one of them, or the by-law:
i) Environmental Protection Act
ii) Fire Protection and Prevention Act
iii) Private Security and Investigative Services Act
iv) Forest Fires Prevention Act
v) Smoke-Free Ontario Act
vi) Toronto Transit Commission: By-Law No. 1: Regulating use of the Toronto Transit Commission local passenger transportation system
vii) Reopening Ontario (A Flexible Response to COVID-19) Act, 2020
Answer questions (a) to (e)
a. Identify the statute, regulation or by-law, and cite the precise offence section, i.e., the specific section which describes the behaviour which constitutes an offence.
b. Identify each essential element that the prosecutor will have to prove to gain a conviction for this offence. Present this in a list format, numbering the elements.
c. Write a scenario (between 5 and 8 sentences) in which a defendant (not a corporation) has committed this offence in Toronto on February 17, 2021, and was served that day with an Offence Notice under the Provincial Offences Act.
Your scenario will include the necessary information, some of which is the following:
i. Name of the defendant, and particulars (address, birth date, etc.).
ii. Name of provincial offences officer.
iii. Description of how the offence was committed; date and time committed.
d. Complete the Certificate of Offence for this offence. (Find it online at “Ontario Court Services; Ontario Court Forms.”) Print legibly (if you cannot complete it online). Include all the required information; create the information you need where necessary.
e. Find once case from the Ontario Court of Justice which concerns any offence under the acts, regulations or the by-law listed above (excluding any posted cases or cases discussed in class).
i. State the case name in full (including year) with proper citation. (Example: R v Semple, 2018 ONCA 630)
ii. Write a brief summary (4-6 sentences) in your own words of the legal issue(s) in this case, including the positions of the defendant/appellant and prosecutor.
2. Select one Court of Appeal for Ontario case where the appeal concerns a provincial offences case, excluding any case which was posted or discussed in class, or pertains to the Highway Traffic Act, Dog Owners’ Liability Act, Trespass to Property Act, Liquor License Act, or Compulsory Automobile Insurance Act.
a. Cite the case (example: R. v. Semple, 2018 ONCA 630) and quote the specific section and statute pertaining to the offence dealt with.
b. Explain if you think the offence would be categorized as absolute liability, mens rea, or strict liability. Give reasons for your answer.
c. Briefly describe the results in all the lower courts before the matter reached the Ontario Court of Appeal (one or two sentences)
3. The defendant from question #1 is eager to resolve this matter as soon as possible and does not want to dispute the charge or have an early resolution meeting. On February 18, the defendant consults you about this matter and tells you that he knows he has the right to fight this “ticket” but he is absolutely not going to fight it. He says that he knows about trial requests and meetings with the prosecution, and he rejects these options. He is consulting you with one question only. He is very concerned about having a criminal record. Write a letter to your client (maximum two pages, double-space, font size 11 or 12), explaining the “voluntary payment” option, and addressing your client’s concerns. Be precise and clear in your explanations, including any relevant deadline dates. Your letter should be in a proper, professional format, as you have learned in other classes.