Provincial Offences

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Part I Offence:

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-gives the defendant the option of paying the fine, pleading guilty with an explanation, or requesting a trial for the offence.

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Part I Offence Penalties:

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- fine capped at $500
- no jail time
- summons within 30 days of the offence.
Defendant must select one of the 3 options within 15 days of the offence.

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Part II Offence: (Parking Infractions)
Court may not impose a conviction unless 3 issues presented at trial:

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i) evidence of ownership of vehicle.
ii) copy of the notice of trial.
iii) certificate of parking infraction.

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Part III Offence:

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Designed to handle most serious offences.
- fine exceeds $500
- possibility of jail
- more than 30 days have passed since offence

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Young Person:

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the age of 12 years and under 16 years of age.

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Arrest Powers:

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None given under the POA, must consult individual acts.

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Search Powers:

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None given by POA without a warrant.

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Use of Force:

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Sec. 146 justifies authority. Officer is authorized to use as much force necessary to do what is required by law.

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Limitation Period:

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POA provides a general window period of six months from the date of offence.
Liquor Licence Act allows a window of two years.

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Liquor Licence Act (LLA):

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Controls the possession and consumption of alcohol in Ontario.

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Drunkenness (def):

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Is the state that results when the consumption of alcohol negatively affects a person's motor and mental skills.

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LLA outlines rules that govern liquor (4):

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i) Age of person
ii) Location or possession or consumption.
iii) Condition of container, ie sealed, closed or open)
iv) Type of liquor and percentage of alcohol.

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Liquor = :

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Beer
Spirits
Wine

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3 essential elements of Possession:

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Knowledge
Control
Consented

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Private Place:

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Indoor places to which the public is not ordinarily invited.

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Motor vehicles can be private places if they meet four conditions:

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a) Equipped with sleeping accommodations.
b) Equipped with cooking facilities.
c) Must be parked off the highway
d) Must actually be used as residence.

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Public Place:

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Any place that does not have the characteristics of a private place is a public place.
Express/implied invitation to the public to enter or attend is a public place.

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Residence:

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A place actually being used as a bona fide residence. Also includes all facilities provided for the use of residence, provided that the public is not permitted access.

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The vessel (boat) can be considered residence if:

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a) Anchored/moored (Not moving)
b) Equipped with permanent cooking, sleeping and washroom facilities.
c) Is the intention of operators to use the vessel for their residence at this time.

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Sec. 31 (2) stipulates that possession of liquor is lawful in only three areas:

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i) Residence
ii) Licensed premise
iii) Private place

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Unlawful purchase of Liquor:

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Sec. 27 provides that liquor may be legally purchased from:
- either a government store
- person authorized by licence or permit to sell

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Offences Relating To Minors:

POACH

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Purchase liquor
Obtain liquor
Attempt to purchase liquor
Consume liquor
Have liquor in possession

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Forms of Identification are:

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Ontario driver's licence
Canadian passport
Canadian citizenship card with photo
Canadian Forces card with photo
LLBO photo card

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2 situations authorize a peace officer to arrest without warrant:

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1) Intoxicated in a Public Place/Common Area

2)Refusal to Identify

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Intoxicated in a Public Place or Common Area ( 3 factors )

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i) Intoxication resulted from liquor consumption.
ii) Location of offence
iii) Person must be in danger to someone.

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Refusal to Identify ( 2 factors )

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i) Person is committing an offence against LLA or its regulations
ii) Person refuses to identify or reasonable grounds to believe false identification.

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Vacate Order by Police Officer:
Sec. 34(3) empowers an officer to vacate a licensed premises if officer believes:

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Breach
disturbance
is being committed on premises
there is a threat to public safety.

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Occupier (def)

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Anyone with control over the premises or with authorization to exercise control over the premises.

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Premises (def)

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Include any kind of property or land includes vehicles, trailers, and portable structures.

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3 Common Offences under the TTPA:

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1) Enter the premises when entry is prohibited.
2) Engaged in prohibited activity on the premises.
3) Fail to leave the premises when directed to do so.

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Methods of Providing Notice of Trespass: (4)

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I) No notice required.
II) Orally or in writing.
III) By means of signs posted on the premises.
IV) By coloured markings.