provincial offencesprovincial offences (“poa”)

Provincial OffencesProvincial Offences(“POA”)

The Provincial Offences Act was originally enacted in 1979. Prior to this provincial offences were prosecuted by referencePrior to this provincial offences were prosecuted by reference to the summary convictions procedures in the federal Criminal Code.

Section 2 of the POA states that the purpose of the Act is to “replace the summary conviction procedure for the prosecution of provincial offences including the provisions toprosecution of provincial offences, including the provisions to the Criminal Code (Canada), with a procedure that reflects the distinction between provincial offences and criminal offences.”o e ces

Provincial offences are regulatory laws passed for the safety, health or well being of the communityhealth or well being of the community.

The POA is intended to establish a speedy, efficient and convenient method of dealing with such offencesconvenient method of dealing with such offences.

The Streamlining of Provincial Offences Act, 1997, g , ,amended the Provincial Offences Act to allow the Ministry of the Attorney General “MAG” to make agreements with municipalities concerning administrative functions and prosecutions.

The geographic area of The District Municipality of g g p p yMuskoka is a designated court service area under the Courts of Justice Act. In 1999, The District Municipality of Muskoka, as corporation, entered into a Memorandum of

d d h h f h lUnderstanding with the Ministry of the Attorney General (“MAG”) for court administration and prosecution services.

Key elements of the agreement with MAG are:◦ Muskoka is the sole entity involved in the delivery of the y y

program;

◦ Charges laid in the District of Muskoka court service area gremain in this jurisdiction and cannot be transferred; and

◦ All revenue and expenses flow to and are the responsibility e e ue a d e pe ses o to a d a e t e espo s b tyof the District of Muskoka except those revenues that an area municipality is entitled to under section 165(7) of the Provincial Offences Act (i.e. municipal by-law contraventions including parking and building code act violations).

Provincial Offences Act

MAGLegal Services Corporate Services

Judiciary Prosecution

Services Court Administration

The Justice of the Peace is an impartial official who presides in the Ontario Court of Justice. The transfer agreement does not affect the powers duties and appointment of a Justice ofnot affect the powers, duties and appointment of a Justice of the Peace pursuant to the Justice of the Peace Act.

S f th f ti th J ti f th f i thSome of the functions the Justice of the peace performs in the POA Court are:

Presiding in trial court, first attendance court and intake court;S i d i iSwearing and issuing process;Signing search warrants;Signing warrants of apprehension and warrants for relief of surety; andsurety; andSwearing documents for the police.

POA administration performs court support functions including the functions of Clerk of the Court for proceedings g p gcommenced under Parts 1, 2 and 3 of the Provincial Offences Act carried out by the Attorney General prior to the transfer agreement:

Create Court Master Plan; Order and Issue Charge Documents;Court Processing;Trial Processing ;Trial Processing ;Accessibility Standards;Court Proceedings;Post Court Functions;Post Court Functions;Enforcement; andAppeals.

Prosecutors attend all POA Part 1 first attendance courts, trials courts and appeal courts before the Ontario Court oftrials courts and appeal courts before the Ontario Court of Justice. Prosecutors also participate in out of court resolution discussions.

POA Prosecutions responds to queries and liaises with the following external parties:

E f i◦ Enforcement agencies; ◦ defence agents and counsel; ◦ local Crown Attorney’s office and MAG; ◦ court administration staff; and◦ defendants, civilian and expert witnesses.

Pursuant to the MOU with MAG, The District Municipality of Muskoka conducts prosecutions and appeals in the OntarioMuskoka conducts prosecutions and appeals in the Ontario Court of Justice for Part 1 Provincial Offences Act matters under the jurisdiction of The District Municipality of Muskoka.

Under the MOU, The District Municipality of Muskoka is required to ensure that prosecutions are conducted in a manner consistent with the following principles:manner consistent with the following principles: ◦ prosecutorial independence; ◦ fairness and impartiality; ◦ competence and integrity; and◦ competence and integrity; and◦ timeliness of prosecutions.

Under the MOU, The District Municipality of Muskoka must ensure that any prosecutors who are not lawyers are supervised by or report to a lawyer. Reporting relationships for all prosec tors m st be str ct red to ens re that thefor all prosecutors must be structured to ensure that the prosecutors’ exercise of discretion is not influenced by any person or body, including:◦ members of council;◦ members of council;◦ policing and other enforcement agencies; and◦ Municipal finance officers.

A strict separation between POA Prosecutions and POA Administration is to be maintained at all times.

In carrying out these functions, the phrase “Not only must justice be done, it must be seen to be done” has application

d iand meaning.

Prosecution services include the following duties:g• screening and evaluating charges and officer briefs; • reviewing statements from and interviewing witnesses; • issuing disclosure to defendants and agents;issuing disclosure to defendants and agents;• requesting subpoenas for witnesses;• coordinating conviction records;• court docket preparation; and• court docket preparation; and• preparation of motion materials.

1,000

1,200

600

800

200

400

02005 2006 2007 2008 2009 2010 2011

POA PROSECUTION FLOW CHART PART 1 – CERTIFICATE OF OFFENCE

Receive Request Amended Plea

PART 1 – CERTIFICATE OF OFFENCE (TICKET)

Request for Disclosure

Disclosure from Officer

Proposed Sentencing

Conviction

Process Notice of

Trial

Charge Screening

Issue Disclosure

Resolution Discussion Trial

Acquittal

Appeal Notice of

Trial

MotionMotion

Screening or Preparing

Motion Withdrawal

Motion Denied

Motion Granted

The POA applies to all offences under any provincial statute including municipal by laws parking licencing (i e liquorincluding municipal by-laws, parking, licencing (i.e. liquor, municipal), employment, occupational health and safety, building code, environment, natural resources, and non-compliance under Part 3 court orders.compliance under Part 3 court orders.

Certain federal regulatory offences are also enforced under the POA pursuant to the federal Contraventions Act includingthe POA pursuant to the federal Contraventions Act including charges laid under the Canada Shipping Act, Environmental Protection Act, the Fisheries Act and the Dangerous Goods Transportation Act. a spo tat o ct

There are three procedural streams for Provincial Offences: Part 1 (minor offences); Part 2 (parking infractions); and PartPart 1 (minor offences); Part 2 (parking infractions); and Part 3 (serious offences).

The enforcement agency chooses which stream to followThe enforcement agency chooses which stream to follow depending on the severity of the offence, timing of service, amount of the fine and the governing statutes and regulationsregulations.

POA administration deals with the administration of all Part 1, Part 2 and Part 3 matters under the POAPart 2 and Part 3 matters under the POA.

POA prosecutions prosecutes designated changes laid under Part 1Part 1.

Part 1 Certificates of Offence are tickets issued by enforcement officers with a set fine or amount due, ,determined by the set fine schedule in the relevant legislation. Part 1 tickets are laid for offences under numerous statutes and regulations such as:

Highway Traffic Act & Regulations (G1 & G2 permit holders);Trespass to Property Act;Liquor Licence Act;Canada Shipping Act-Small Vessels Regulations, Collision; Regulations, Vessel Operation Restriction Regulations;M i d S V hi l AMotorized Snow Vehicle Act;Off Road Motor Vehicle Act;Provincial Parks Act; andFish & Wildlife Conservation ActFish & Wildlife Conservation Act.

Each Area municipality in the Court Service Area issues parking tickets under municipal parking by lawsparking tickets under municipal parking by-laws.

If a parking ticket is not paid at the Area Municipal Office, the municipal by law department completes a Certificatemunicipal by-law department completes a Certificate Requesting Conviction and files it with the POA court to register and enforce the conviction.

Part 3 Informations are laid for offences under numerous statutes and regulations such as:

Highway Traffic Act (stunt driving, racing, drive suspended licence);Ministry of the Environment (alter shore lands violations);Ministry of Labour (workplace safety violations);Tarion Warranty (new home contract violations);C l A t bil I A t i l tiCompulsory Automobile Insurance Act violations;Liquor Licence Act (commercial violations);Building Code Act (construction without permits);Christopher’s Law (failure to comply with sex offenders registryChristopher s Law (failure to comply with sex offenders registry requirements);Retail Sales Tax Act (Commercial non-compliance);Smoke Free Ontario Act (selling tobacco to minors);Canada Shipping Act – Small Vessel Regulations (boating fatalities); Dog Owners Liability Act; andPrevention of Cruelty to Animals Act (OSPCA).

Part 3 matters involve the most serious provincial offences or matters where time of service is an issue.◦ The volume of Part 3 matters is increasing substantially

resulting in additional resources required for court time and support without proportional increase in revenue to offset the pp p pcosts.

Part 3 procedures closely resemble those used for criminal charges and is a two step process:Step 1◦ Informant (enforcement officer or private citizen) attends

before a Justice of the Peace to swear an information and the Jinformation is filed with the court; and

Step 2◦ Defendant receives summons to appear in court.pp

Summary of Court Appearances

10,000

12,000

6,000

8,000

Part 3

4,000

,

Part 1

-

2,000

2003 2004 2005 2006 2007 2008 2009 2010

Average Annual Charges Received

Liquor Licence Act1,007

Compulsory Automobile Insurance Act Fish & Wildlife

g g

616

By-Law613

63Canada Shipping Act

80

Stunt Driving/Racing

Other588

g/ g63

Boating Restriction Regulations

12

Other Charges1,268

Other39

Highway Traffic Act11,333 Small Vessel Regulations

213Motorized Snow Vehicle

Act209

POA Operating Resultsl b

$1,000,000

Actual by Year

$0

$500,000

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

-$500,000

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

-$1,500,000

-$1,000,000

-$2,000,000

Expenditure Gross Revenue Net Levy

As is required under the MOU, POA Prosecutions and Courts Administration provide both incident driven and annualAdministration provide both incident driven and annual reports to the local Crown Attorney and MAG regarding matters that raise substantive legal issues, constitutional issues or issues where there could be a substantial publicissues or issues where there could be a substantial public interest in the outcome of a particular matter and audited financial statements.

As part of these reporting requirements, POA Prosecutions manages and maintains several reporting protocols related to case outcomes, appeals, conflicts of interest and motions case outco es, appea s, co cts o te est a d ot o sbrought under the Canadian Charter of Rights and Freedoms.

Other agencies involved:Other agencies involved:◦ MAG;◦ Local Crown Attorney’s Office;◦ Ontario Superior Court of Justice;◦ Chief Judges Office;◦ Office of the Senior Regional Justice of the Peace;◦ Ontario Provincial Police ( Huntsville, Bracebridge, Central Traffic Unit);◦ Ministry of Labour;◦ Ministry of Labour;◦ Ministry of Transportation;◦ Ministry of Natural Resources;◦ Municipal Enforcement Officers;◦ Ontario Alcohol and Gaming Commission;◦ Tarion Warranty Corporation (Ontario New Home Warranty);◦ Ministry of Finance;◦ Collection Agencies;◦ Collection Agencies;◦ Defaulted Fines Control Centre;◦ Law Society of Upper Canada;◦ Ontario Provincial Prosecutors Association; and◦ Municipal Court Managers Association of Ontario.

Electronic form management for Court M d i di lManagement processes and prosecution disclosure. ◦ Impacts:

Would require agreements with external enforcement q gagencies: andProtection of privacy issues would need to be addressed.addressed.