Major Written Assignment Please save all files and upload them to Dropbox on the My Canvas course page for marking. The assignment is due on April 12, 2024, at 11:59 PM. 2 marks each 20 Marks 1) When reviewing a case with your client, you need to ensure that there are no service errors. What are the service requirements under Part I of the POA? 2) Would the Provincial Offences Act, RSO 1990, P.33 apply to a person charged with speeding in British Columbia? Why or why not? 3) Section 61 of the Provincial Offences Act states that the maximum fine for a Part III offence is $5,000. However, the Highway Traffic Act indicates that the penalty for stunt driving, a Part III offence, can range from $2,000 to $10,000. Which maximum amount would apply and why? 4y Mary was convicted on July 10 for Red Light fail to stop. She tried to quash the offence certificate for a spelling error. She believes a wrong decision was made on a question of law and plans to appeal. What is the deadline to file the appeal? Who 1s allowed to appeal? 5) Under the Courts of Justice Act, which parties need to be served with a notice of constitutional question? 6) Which forms can be used to request a court interpreter? 7y What type of offence is "wilfully avoiding a police officer while being pursued"? How do you know? 8) in most cases, what will happen if the defendant fails to appear at a trial after submitting a Notice of Intention to Appear? 9) What 1s the potential penalty that Kala could face if she disregards the summons to testify and does not attend trial? Hint: Look on the actual form or in the Provincial Offences Act. 10) Provide an example ot a situation that could likely meet the test for necessity. S Marks Justin 1s on his way home from work. He 1s driving along a city street at 85 km/h in a 50 km/h zone. He 1s using his cell phone when he loses control of his car and slams into a parked pickup truck on the side of the road. Justin is uninjured, so he gets out of his car and approaches the pickup truck. There appears to be no one else around. He takes a photo of the dent on the pickup truck and drives home. He then calls the non-emergency number for the police station, but only a voicemail messaging system is available. Justin does not leave a message and goes to bed, deciding he will drive to the station the next day. Justin did not realize that a neighbour had heard the crash. The neighbour looked out the window, wrote down his licence plate number, and called the police. The police arrived at Justin's door at 8 a.m. the next day. Speeding, careless driving, driving while operating a hand-held communications device, and failure to report could all be charges that apply in this case. For each charge, answer the following: a. In which statute and section can the offence be found? b. What is the penalty for the offence? o Name the document that will be served to the defendant. d. How is the document served; what is the proof of service 1f an officer serves the document? g, What is the maximum fine? 2 Marks At trial, Martina indicated that although the officer said she drove through the stop sign, she knew she didn't, but she would plead guilty just to be done with it. Should the justice accept this guilty plea? Explain. 1 Mark each - a total ot 3 Marks Rebecca i1s a 15-year-old girl who was observed by a police officer to be consuming alcohol in a parking lot outside a movie theatre. The police 1ssued a Part I summons under s. 31(2) of the Liguor Licence Act, R.S.0. 1990, c. L.19 for having/consuming alcohol in a place other than a residence, a licensed premises, or a private place. 1. Rebecca's father retained a paralegal to represent her interests. Which of the following statements is correct? a. Rebecca will have to attend court because legal representation is not permitted for young persons. b. Her paralegal, but not Rebecca, must attend court. g Both Rebecca and her paralegal will have to attend court. d. No one is required to attend court; Rebecca can just pay a fine. 2 When Rebecca's father retained the paralegal, he indicated he wanted copies of all documents in the file because he was paying the bill. Does this raise any ethical issues for the paralegal? a. Yes, the paralegal's confidentiality requirements prohibit the disclosure of such information to anyone other than a client. b. Yes, the paralegal cannot accept payment from anyone other than a client. &, No, a client is defined as paying for services, so Rebecca's father is the client and is entitled to all documents. d. No, Rebecca and her father are joint clients and, therefore, are both entitled to all documents. 2 marks each - Total 6 Marks Sean did not attend his careless driving trial because his paralegal told him the wrong date. Although neither Sean nor his paralegal attended court, Sean was not convicted, and the certificate was quashed. 1. Explain how it 1s possible that the certificate was quashed and Sean was not convicted. 2, A careless driving charge can be brought under Part I or Part III. How do we know that Sean was charged under Part [? &, Assume that the certificate was complete and regular on its face. What would happen if Sean did not attend his trial? List the etiquette practices that were breached by Carol. 5 Marks. An unrepresented defendant, Carol, arrived at the courtroom approximately 30 minutes after the court session had begun. She rushed in the door and loudly apologized to everyone in the courtroom. She hurried to find a seat and spilled coffee all over her Bon Jovi T-shirt. She finally sat beside the provincial offences officer, who was sitting beside the prosecutor. Carol started chatting with the officer to find out what she had missed. Looking around the room, Carol recognized her neighbour in the witness box and started waving. She then took out her cell phone to text all her friends about the neighbour's charges. Carol then played around with her phone to find the app she could use to videotape her neighbour's evidence. MOCK TRIAL - 15 Marks Carefully read the officer's disclosure. As a defence agent, assume that the prosecutor asked questions to fill in all the blanks left by the police officer in the disclosure below. 1ls List the order of a trial with one crown witness who 1s cross- examined. No pretrial motions and 1 voir dire. (5 marks) 2 List the questions necessary to qualify an officer's notes. (2 marks) 2 mark each 3. List all the Elements to obtain a conviction in the scenario below (8 Marks) SCENARIO #1-STOP SIGN On December Ist, last year, I parked my marked police cruiser on the East side of Manning Ave., just south of the south curb of Hester St. in the City of Hamilton. I saw a black Ford P/U truck East on Hester at the speed limit. The wheels did not stop at the stop line or the crosswalk. There was a regulation-size sign at the stop line. 1. List the order of a trial with one crown witness who 1s cross- examined. No pretrial motions and 1 voir dire. (5 marks) % List the questions necessary to qualify an officer's notes. (2 marks) > mark each 3. List all the Elements to obtain a conviction in the scenario below (8 Marks) SCENARIO #1-STOP SIGN On December 1st, last year, | parked my marked police cruiser on the East side of Manning Ave., just south of the south curb of Hester St. in the City of Hamilton. I saw a black Ford P/U truck East on Hester at the speed limit. The wheels did not stop at the stop line or the crosswalk. There was a regulation-size sign at the stop line. When I tried to pursue the Ford, a large cement truck blocked me. I lost sight of the Ford for about 5 seconds. I caught up to the Ford at Upper Wellington St. I issued a part 1 Offence after I obtained a valid licence. I was satisfied the driver was the same person pictured on the Driver's license. I served the Offence Notice for disobeying a stop sign, and the driver gave me a statement at that time. After the voir dire, the officer quotes the defendant as saying, \"I was not anywhere near that intersection.\" REFLECTION OF YOUR MOCK TRIAL- 5 Marks 1. What is one positive quality about yourself that you discovered during the mock trial? 2. What was the most important item you learned from the Mock Trial? 3. Where did you find your struggle, and how did you deal with it? 4. One thing you would like to improve upon. 5. If you were the professor, what comments would you make about your performance