PLO453 - Provincial Offences/ Motor Vehicle Offences

Outline information
Schools offering this subject
Last revision date 2018-09-24 00:14:40.763
Last review date 2018-12-03 00:15:54.131

Subject Title
Provincial Offences/ Motor Vehicle Offences

Subject Description
This subject permits students to learn and apply their knowledge of the Provincial Offences Act to specific offences, with emphasis on motor vehicle offences and trials. Students develop research and analytical skills as well as a practical knowledge of trial procedures.

Credit Status
This is a credit subject applicable to the Paralegal Diploma program through the School of Legal and Public Administration.

Learning Outcomes
Upon successful completion of this subject the student will be able to:

1.      Distinguish between criminal and provincial offences through an understanding of provincial offences procedure as set out in the Provincial Offences Act, Courts of Justice Act and any other relevant legislation.
2.     Identify the key provisions of statutes, regulations and procedures that form the provincial offences system in Ontario, for example, Highway Traffic Act, Compulsory Automobile Insurance Act, Liquor Licence Act, Environmental Protection Act, Occupational Health and Safety Act, Trespass to Property Act, Blind Persons' Rights Act, Charter of Rights and Freedoms, municipal by-laws.

3.     Understand the duties, obligations and powers of the police, Crown, provincial offences officers, lawyers and paralegals in the provincial offences system.

4.     Demonstrate an understanding of applicable investigatory powers, for example, search and seizure, investigation, questioning of suspects.
5.     Compare and contrast the different procedural streams, charging documents and processes under parts 1,2, and 3 of the Provincial Offences Act.
6.     Compare and contrast the three categories of offences: mens rea, strict liability and absolute liability.
7.     Demonstrate an understanding of judicial interim release/bail.
8.     Explain the consequences of various plea options available to a person changed with a provincial offence.
9.     Understand and analyze the elements of a provincial offences proceeding, including information, first appearance/arraignment, disclosure, pretrial motions, Charter applications, trial proper and appeal.
10.  Apply the rules of evidence in a provincial offences proceeding as they relate to such matters as:  types of evidence that may be introduced, methods of introduction, and required procedures for compelling attendance of a witness.
11.  Understand and explain the common offences under the Highway Traffic Act , such as  speeding, fail to stop, improper turn, following too closely, careless driving, fail to report, fail to remain, seatbelt violations, and the available defences to these, both procedural and substantive.
12.  Referring to sentencing provisions in the provincial offences system, analyze the applicable principles and purposes of sentencing.

13.  Research the offence provisions of various provincial statutes and relevant cases, with emphasis on the Highway Traffic Act.
14.  Using fact situations and simulations,  develop the skills required to represent a client in a provincial offences matter.

Essential Employability Skills
Communicate clearly, concisely and correctly in the written, spoken and visual form that fulfils the purpose and meets the needs of the audience.

Respond to written, spoken, or visual messages in a manner that ensures effective communication.

Apply a systematic approach to solve problems.

Use a variety of thinking skills to anticipate and solve problems.

Locate, select, organize, and document information using appropriate technology and information systems.

Analyze, evaluate, and apply relevant information from a variety of sources.

Show respect for diverse opinions, values, belief systems, and contributions of others.

Interact with others in groups or teams in ways that contribute to effective working relationships and the achievement of goals.

Manage the use of time and other resources to complete projects.

Take responsibility for one's own actions, decisions, and consequences.

Academic Integrity
Seneca upholds a learning community that values academic integrity, honesty, fairness, trust, respect, responsibility and courage. These values enhance Seneca's commitment to deliver high-quality education and teaching excellence, while supporting a positive learning environment. Ensure that you are aware of Seneca's Academic Integrity Policy which can be found at: Review section 2 of the policy for details regarding approaches to supporting integrity. Section 2.3 and Appendix B of the policy describe various sanctions that can be applied, if there is suspected academic misconduct (e.g., contract cheating, cheating, falsification, impersonation or plagiarism).

Please visit the Academic Integrity website to understand and learn more about how to prepare and submit work so that it supports academic integrity, and to avoid academic misconduct.

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Accommodation for Students with Disabilities
The College will provide reasonable accommodation to students with disabilities in order to promote academic success. If you require accommodation, contact the Counselling and Accessibility Services Office at ext. 22900 to initiate the process for documenting, assessing and implementing your individual accommodation needs.