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31 Cards in this Set

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Part I Offence:
-gives the defendant the option of paying the fine, pleading guilty with an explanation, or requesting a trial for the offence.
Part I Offence Penalties:
- 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.
Part II Offence: (Parking Infractions)
Court may not impose a conviction unless 3 issues presented at trial:
i) evidence of ownership of vehicle.
ii) copy of the notice of trial.
iii) certificate of parking infraction.
Part III Offence:
Designed to handle most serious offences.
- fine exceeds $500
- possibility of jail
- more than 30 days have passed since offence
Young Person:
the age of 12 years and under 16 years of age.
Arrest Powers:
None given under the POA, must consult individual acts.
Search Powers:
None given by POA without a warrant.
Use of Force:
Sec. 146 justifies authority. Officer is authorized to use as much force necessary to do what is required by law.
Limitation Period:
POA provides a general window period of six months from the date of offence.
Liquor Licence Act allows a window of two years.
Liquor Licence Act (LLA):
Controls the possession and consumption of alcohol in Ontario.
Drunkenness (def):
Is the state that results when the consumption of alcohol negatively affects a person's motor and mental skills.
LLA outlines rules that govern liquor (4):
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.
Liquor = :
Beer
Spirits
Wine
3 essential elements of Possession:
Knowledge
Control
Consented
Private Place:
Indoor places to which the public is not ordinarily invited.
Motor vehicles can be private places if they meet four conditions:
a) Equipped with sleeping accommodations.
b) Equipped with cooking facilities.
c) Must be parked off the highway
d) Must actually be used as residence.
Public Place:
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.
Residence:
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.
The vessel (boat) can be considered residence if:
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.
Sec. 31 (2) stipulates that possession of liquor is lawful in only three areas:
i) Residence
ii) Licensed premise
iii) Private place
Unlawful purchase of Liquor:
Sec. 27 provides that liquor may be legally purchased from:
- either a government store
- person authorized by licence or permit to sell
Offences Relating To Minors:

POACH
Purchase liquor
Obtain liquor
Attempt to purchase liquor
Consume liquor
Have liquor in possession
Forms of Identification are:
Ontario driver's licence
Canadian passport
Canadian citizenship card with photo
Canadian Forces card with photo
LLBO photo card
2 situations authorize a peace officer to arrest without warrant:
1) Intoxicated in a Public Place/Common Area

2)Refusal to Identify
Intoxicated in a Public Place or Common Area ( 3 factors )
i) Intoxication resulted from liquor consumption.
ii) Location of offence
iii) Person must be in danger to someone.
Refusal to Identify ( 2 factors )
i) Person is committing an offence against LLA or its regulations
ii) Person refuses to identify or reasonable grounds to believe false identification.
Vacate Order by Police Officer:
Sec. 34(3) empowers an officer to vacate a licensed premises if officer believes:
Breach
disturbance
is being committed on premises
there is a threat to public safety.
Occupier (def)
Anyone with control over the premises or with authorization to exercise control over the premises.
Premises (def)
Include any kind of property or land includes vehicles, trailers, and portable structures.
3 Common Offences under the TTPA:
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.
Methods of Providing Notice of Trespass: (4)
I) No notice required.
II) Orally or in writing.
III) By means of signs posted on the premises.
IV) By coloured markings.