This Assignment has three (3) questions which must be completed. 1. Choose one offence which has a Set Fine under one of the following Ontario statutes, or a regulation made under one of them, or the...

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This Assignment has three (3) questions which must be completed.



1.
Choose one offence which has a Set Fine under one of the following Ontario statutes, or a regulation made under one of them, or the by-law:



i)

Environmental Protection Act



ii)

Fire Protection and Prevention Act



iii)

Private Security and Investigative Services Act



iv)

Forest Fires Prevention Act



v)

Smoke-Free Ontario Act



vi)

Toronto Transit Commission: By-Law No. 1: Regulating use of the Toronto Transit Commission local passenger transportation system



vii)

Reopening Ontario (A Flexible Response to COVID-19) Act, 2020



Answer questions (a) to (e)


a. Identify the statute, regulation or by-law, and cite the precise offence section, i.e., the specific section which describes the behaviour which constitutes an offence.




b. Identify each essential element that the prosecutor will have to prove to gain a conviction for this offence. Present this in a list format, numbering the elements.






c. Write a scenario (between 5 and 8 sentences) in which a defendant (not
a corporation) has committed this offence in Toronto on February 17, 2021, and was served that day with an Offence Notice under the
Provincial Offences Act.


Your scenario will include the necessary information,
some
of which is the following:


i. Name of the defendant, and particulars (address, birth date, etc.).


ii. Name of provincial offences officer.


iii. Description of how the offence was committed; date and time committed.


d. Complete the Certificate of Offence for this offence. (Find it online at “Ontario Court Services; Ontario Court Forms.”) Print legibly (if you cannot complete it online). Include all the required information; create the information you need where necessary.




e. Find once case from the Ontario Court of Justice which concerns any offence under the acts, regulations or the by-law listed above (excluding any posted cases or cases discussed in class).


i. State the case name in full (including year) with proper citation. (Example:
R v Semple,
2018 ONCA 630)


ii. Write a brief summary (4-6 sentences) in your own words of the legal issue(s) in this case, including the positions of the defendant/appellant and prosecutor.





2.
Select one Court of Appeal for Ontario case where the appeal concerns a provincial offences case, excluding any case which was posted or discussed in class, or pertains to the
Highway Traffic Act, Dog Owners’ Liability Act, Trespass to Property Act, Liquor License Act,
or
Compulsory Automobile Insurance Act.


a. Cite the case (example:
R. v. Semple, 2018 ONCA 630)
and
quote the specific section and statute pertaining to the offence dealt with.


b. Explain if you think the offence would be categorized as absolute liability,
mens rea, or strict liability. Give reasons for your answer.


c. Briefly describe the results in all the lower courts before the matter reached the Ontario Court of Appeal (one or two sentences)






3.
The defendant from question #1 is eager to resolve this matter as soon as possible and does not want to dispute the charge or have an early resolution meeting. On February 18, the defendant consults you about this matter and tells you that he knows he has the right to fight this “ticket” but he is absolutely not going to fight it. He says that he knows about trial requests and meetings with the prosecution, and he rejects these options. He is consulting you with one question only. He is very concerned about having a criminal record.
Write a letter to your client
(maximum two pages, double-space, font size 11 or 12), explaining the “voluntary payment” option, and addressing your client’s concerns. Be precise and clear in your explanations, including any relevant deadline dates. Your letter should be in a proper, professional format, as you have learned in other classes.


Answered 6 days AfterMar 10, 2021

Answer To: This Assignment has three (3) questions which must be completed. 1. Choose one offence which has a...

Somprikta answered on Mar 17 2021
141 Votes
Answers Based on Certain Legal Situations         2
ANSWERS BASED ON CERTAIN LEGAL SITUATIONS
Table of Contents
Questions Based on Legal Situations    3
Letter to Client Explaining Voluntary Payment    5
References    7
Questions Based on Legal Situations

1. One offence which has a set fine under one of the following Ontario statuses is Environmental Protection Act.
a. The statute selected in this case is Environmental Protection Act. The specific section which describes the behaviour which constitutes an offence is the discharge of contaminant into the natural environment. This offence falls under section 14 of the Environmental Protection Act and incurs a fine of $300.00.
b. The essential elements that the prosecutor needs to prove in order to gain a conviction for this offence are listed as follows:
· If the prosecutor is able to prove that the defendant committed the crime intentionally or in a reckless manner then he/she can be convicted.
· Another important element is to prove that the offence that was committed by the defendant adversely affected the environment.
· After committing the offence, if the defendant does not co-operate with the MOE or other public authority bodies, or failed to take any prompt action in order to mitigate the impact of the offence, or take proper measures so as to reduce the risk of similar offences, the defendant can be convicted by the prosecutor.
c. Jake Robertson committed the offence of discharging contaminants into the natural environment. His personal details include: Date of Birth- March 16, 1987. Address: XYZ (to be included by the student).
The provincial offences officer for this case was Mathew Gregory.
The defendant, namely, Jake Robertson, on the morning (7.30am) of February 17, 2021, committed the offence of discharging contaminants into the lake adjacent to his fruit orchard. Jake works in a fruit orchard, the soil of which is treated with inorganic pesticides. The pesticides are based on lead arsenate, calcium arsenate, copper sulphate and similar other compounds in order to reduce the risks posed by fungal diseases and arthropod pests. Although he was warned about the adverse effects of such pesticides, he refused to comply with the regulations and continued to use them. As a result of this, numerous wild animals that were exposed to the orchard died a painful death. Apart from that, the soil has been exposed to high rate of chemical accumulation, thereby affecting the...
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