Structure of the Act
Where the prosecutor must prove the actus reus and a minimal level of mens rea to obtain a conviction
Strict liability
Laws created by local municipalities
Bylaws
Section 13 and 24
This act governs the prosecution of non-criminal offenses, such as traffic violations, in Canadian province
The Provincial Offences Act
What information would be found in part 2 of the POA?
Parking offences
Speeding only requires this element to be proven
Actus Reas
This section of the Charter protects individuals against self-incrimination
Section 13
This legal requirement means police must have a good reason before detaining someone.
Reasonable grounds
Where the prosecutor only needs to prove the actus reus to obtain a conviction, is known as...
Absolute liability
Offences regarding road rules fall under this section of the POA
The Highway Traffic Act
Under the Provincial Offences Act, individuals cannot be forced to _______ _______ during an investigation or hearing
Incriminate themselves
Possible penalties under the POA
Fines, order to comply, license suspension
The first 3 parts of the POA contains what information?
Issues of processing
Offences under the POA are most often what kind of liability?
Strict or absolute
This section of the Charter allows individuals to seek remedies for rights violations
Section 24
This case confirmed that police must have valid reasons to search someone.
R. v. Beaudry
What is the general window of time from the date of the offence for submitting an information or summons provided in Section 76(1) of the POA?
6 months
This defense can be raised in strict liability offences
Due diligence
The court may exclude evidence or dismiss the charges when this occurs
Unlawful search or failing to provide a fair trial
Offences under the POA are typically dealt with in this type of court
Provincial courts