Court is in Session
Which person in the provincial offences system is able to withdraw a charge against a defendant at trial?
Prosecutor.
Which location is NOT included in the definition of a highway?
A private parking lot.
Which speed measuring device accurately pinpoints its target using a narrow, focused beam?
Lidar/laser.
How many demerit points would apply to a defendant convicted of travelling 73km per hour in a 50km per hour zone?
Which offence could NOT be commenced as a Part I offence?
a) fail to have insurance card
b) refuse to surrender insurance certificate
c) fail to disclose particulars of insurance
d) operating motor vehicle with no insurance
d) operating motor vehicle with no insurance (minimum fine exceeds allowed limit to be laid as a part I Certificate of Offence).
Your client brings his wife, Matilda, to testify at trial. Ingrid was in the vehicle when her husband was pulled over and she wants to support her husband’s not guilty plea. What type of examination will the defence paralegal conduct for Ingrid?
Examination in chief.
Which section of the Provincial Offences Act (POA) grants the authority for the defendant to plead to a lesser, included offence?
What was a primary reason for the federal government enacting the Contraventions Act?
Contravention of a federal act does not need to result in a criminal conviction when the conduct is regulatory in nature.
Jacob Two-Two received a penalty notice for parking in a fire route. Which person in the administrative penalty (AMPS/APS) system delivers the final decision which has no further rights to appeal?
Hearing officer.
Your client has been charged with "Fail to stop at a stop sign" contrary to section 136(1)(a) of the Highway Traffic Act. If your client is convicted at trial, what would the fine range be?
$60-$1000.
At trial, The Right Honourable Kim Campbell tenders a a photograph of the intersection where her collision took place. Which type of evidence is the photograph classified as?
Real evidence.
Which of the following could be considered a mitigating factor?
a) defendant's poor driving record.
b) defendant's guilty plea before a trial date
c) defendant's rude behaviour in the court room
d) public safety considerations
b) defendant's guilty plea before a trial date
When a conflict arises between a municipal by-law and its enabling provincial statute, which one takes precedence?
The enabling provincial statute will specify how conflicts are to be managed.
What does it mean to waive arraignment?
To tell the clerk it is not necessary to formally read out the charges.
When Russel Westbrook went to Service Ontario to renew his Ontario licence, he discovered that he had been convicted for the offence of "Drive no insurance" eight months earlier. Russel remembered being served with the summons but had completely forgotten to attend court. What would you recommend to Russel?
It is likely too late to do anything because the conviction was eight months ago. Past any appeal limitation period and unlikely to persuade a prosecutor to consent to an appeal. Russel Westbrook is cooked.
Sir Duke Ellington is going to enter a guilty plea to the charge of "Drive under suspension", contrary to section 53(1) of the Highway Traffic Act. The fine will cause him undue hardship. What can Sir Duke do in this situation?
She can request a reduced fine due to undue hardship pursuant to s. 59(2) of the Provincial Offences Act.
What would most likely happen if a defendant fails to appear for a Part Ill matter on the first appearance date?
An ex parte trial will be scheduled, if service can be confirmed.
Stuart Little is convicted of speeding at a rate of 74 km per hour in a posted 50 km per hour zone. The set fine is $90. What is the set fine if the offence took place in a Community Safety Zone?
$180.
What is the name for the trial within a trial that is used to determine the admissibility of evidence?
Voir dire.
Your client was charged with driving 70km/hr in a 50km/hr zone contrary to Highway Traffic Act, section 128(1). He explained to you that there was no speed limit sign posted in the built-up area of his municipality. What should your client have done to avoid getting a speeding charge?
Assume the speed to be 50km/hr (if not posted in a built-up area) as per the Highway Traffic Act.
Which type of outcome would it be if a justice heard a case and decided that there is not enough evidence to support a conviction of the defendant?
Charge dismissed.
Which of the following is NOT a sentencing option for a part III offence?
a) imprisonment
b) probation
c) seizure of property
d) monetary fine $$
Seizure of property.
What is the minimum amount of time that paralegals are required to retain their files?
7 years.
An Information was laid by a neighbour of the defendant. The description of the circumstances of the offence was a little unclear and confusing. What type of motion should the defence bring in order to properly understand the charges that they are facing?
Motion for particulars.
When Wyatt was pulled over, he received an immediate 30-day driver’s licence roadside suspension, and his vehicle was impounded for 14 days. Which Highway Traffic Act offence must Wyatt have committed in order to receive this roadside penalty?
Stunt driving contrary to s. 172 of the Highway Traffic Act