Product Details
978-0-7798-7919-9
Book S.O. Annual/biannual/biennial
Annual volumes supplied on standing order subscription
Approximately 1260 pages
1 volume bound
softcover
2017-07-25
Carswell

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The 2017 Annotated Ontario Provincial Offences Act
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$189.00
Description

The 2017 Annotated Ontario Provincial Offences Act is an essential resource no matter what your area of practice

This annual publication offers a goldmine of up-to-date information not available anywhere else -– everything a practitioner needs to confidently handle proceedings under an Ontario statute from beginning to end. The 2017 Annotated Ontario Provincial Offences Act incorporates all the legislative and case law developments that have occurred since the publication of the previous edition.

 

WHAT’S NEW

 

LEGISLATIVE UPDATES

  • Provincial Offences Act Forms amended by O.Reg 291/16
  • Proceedings Commenced by Certificate of Offence, R.R.O. 1990 Reg. 950 amended by O. Reg. 406/15, s. 1(3); O. Reg. 166/16, ss. 1, 2 (Fr.);  O. Reg. 312/16; O. Reg. 414/16; S.O. 2016, c. 37, Sched. 17, s. 27 [To come into force June 6, 2017.]
  • Victim Fine Surcharges, O. Reg. 161/00 amended by O. Reg. 66/16 [adds French version of regulation]
  • Red Light Camera System Evidence, O. Reg. 277/99 amended by O. Reg. 269/16; O. Reg. 353/16

 

 CASE LAW UPDATES

  • R v. Sciascia, 2016 ONCA 411 - a joint trial of the Criminal Code summary conviction information and the Provincial Offences Act information amounted to a procedural irregularity. However, there was no prejudice to the due administration of justice as a result.
  • York (Regional Municipality) v. Wadood, 2017 ONCA 45 - a police officer is entitled to change the information on the certificate of offence after giving the offence notice to the motorist, but before filing the certificate with the court.
  • R v. A.E., 2016 ONCA 243 - given the defendant’s mental illness and its detrimental effect on the defendant’s ability to earn an income to pay the total fines of $17,000, it was in the interests of justice that the total amount of the fines be reduced, so as to give him the opportunity to pay the reduced fines and move on with his life. The fines were reduced to $5,000.
  • R v. Madussi, 2016 ONCJ 309 - the Justice of the Peace cannot take judicial notice of the operation of a traffic light, namely, that if the light on one street is green, the light on the crossing street will be red, as this does not allow for instances such as mechanical failure or blown out bulbs.
  • Oshawa (City) v. 536813 Ontario Ltd., 2016 ONCJ 287 - there was a total delay of 26 months after the charge was laid until the end of the trial. Given the complexity of the constitutional issues, along with the societal interest in having the matter heard on the merits, an institutional delay of approximately one year was at the outer boundaries of, but nonetheless within, an acceptable time frame.

 

About the Author
Murray Segal practises as independent legal counsel, consultant, and mediator. He is also Counsel to Henein Hutchison LLP Barristers in downtown Toronto. Mr. Segal is the former Deputy Attorney General and former Chief Prosecutor of Ontario. He has prosecuted some of the most significant and challenging cases in the country, including Canada's largest white collar crime case. He is comfortable at every level of court and has appeared before the Supreme Court of Canada on many occasions, arguing complex constitutional and other matters. Today, drawing on his extensive legal and executive experience, he advises and represents clients in both the public and private sectors. As a criminal law authority he has national stature, having written and lectured extensively across Canada.
Mr. Justice Rick Libman, Ph.D., was appointed to the Ontario Court of Justice in November, 1996. He is Chair of the Rule Committee of the Ontario Court of Justice. Justice Libman is the Associate Editor of Motor Vehicle Reports and co-author of Annotated Ontario Provincial Offences Act, Handling Provincial Offence Cases in Ontario, the Annotated Contraventions Act and the regulatory offences newsletter RegQuest.