PLO453 - Provincial Offences/ Motor Vehicle Offences

Outline information
Semester
Schools offering this subject
Last revision date 2018-04-10 11:39:49.815
Last review date 2018-04-10 11:40:37.112

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.

Cheating and Plagiarism
Each student should be aware of the College's policy regarding Cheating and Plagiarism. Seneca's Academic Policy will be strictly enforced.

To support academic honesty at Seneca College, all work submitted by students may be reviewed for authenticity and originality, utilizing software tools and third party services. Please visit the Academic Honesty site on http://library.senecacollege.ca for further information regarding cheating and plagiarism policies and procedures.

Discrimination/Harassment
All students and employees have the right to study and work in an environment that is free from discrimination and/or harassment. Language or activities that defeat this objective violate the College Policy on Discrimination/Harassment and shall not be tolerated. Information and assistance are available from the Student Conduct Office at student.conduct@senecacollege.ca.

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 Disabilities Services Office at ext. 22900 to initiate the process for documenting, assessing and implementing your individual accommodation needs.