POA quiz 1 review

1. St. Mary's River - Proof that the pollution was caused (causation) was proof of the 'Actus
Reas'…. The wrongful act. - Absolute Liability

2. 8 common law defences - No drunk

3. In a strict liability offence, once the prosecutor proves the actus reas. The burden of
proof reveres to the defendant (reverse onus)
4. Careless is doing what the law requires - people that blame an animal (running in front of
a car, for ex. Deer) - most people will be believed – strict liability
5. In a mens rea charge, the crown has to prove that the defendant intentionally committed
the offence, or was willfully blind to committing the offence of or had a highly
negligence state of mind
6. The Highway Traffic Act describes those enforceable rules that drivers must follow. In
other words, the substance of the law itself
7. The certificate is submitted by the police officer to the court for processing. (must be
within 7 days of giving the ticket)
8. When laying a charge under part 1, the officer has a 30 day statute of limitations
9. Part 3: this section addresses procedure on the most serious charges - no speeding

10. Part 4: Trail and Sentencing, This part addresses issues such as:
1) Jurisdiction
2) Change of venue
3) Stay of proceedings
4) Section 34
5) No limitation

11. The POA has a 6 month limitation period starting from the date that the offence was or
was alleged to have been committed.

12. Part 8: Arrest, Bail and Search Warrants

1) Recognizance
2) Search Warrants
3) Tele-warrants
4) Seizures
5) No bailiff

13. The POA Act has 7 charges

a. Fail to appear
 b. Party to an Offence
c. Contempt of Court
d. Yong Person: Someone under the age of 15

14. Mail deemed delivered on the 7th day following the date which it was mailed

15. What makes a ticket incomplete or irregular on its face? Missing charge and or Section #
of the charge

16. Cross Examination - R.v. Zehr (2011) and R.v. Etamadi (2013)

17. R.v. Cassista (2013) This is called OPCA (Organized Pseudo-legal Commercial
Argument).

18. Real Estate counsel of Ontario v. Wang (2013) The trial justice must conduct a plea
comprehension inquiry.

19. R.v. Pynappels (2014) A trial judge should not reject joint submissions for sentencing
made together by both the prosecution and the defence.

20. R.v. Poonia (2014) Evidence may not be admitted unless it is relevant, credible and
trustworthy, and therefore before admitting a statement or other evidence into the record
there is always a necessity to hold a voir dire

21. R.V Huxtable 2012 Introduction of viva voce (spoken) evidence

22. R.v. Mangov v. City of Toronto, at the beginning of the trial, the J.P asked about a
potential resolution

23. This gives the impression of bias towards the defendant.

24. Duties of the prosecutor are: TO TELL THE TRUTH, TO BE FAIR, AND BE A
STRONG ADVOCATE: No kind and understand

25. Trials and procedure: the forth step is examination in chief of first prosecution witness
called by crown (usually the police)

26. 7 COMMON ELEMENTS of every offence - no plate

27. Sec. 136-1: a Disobey stop sign - fail to stop

1) stop sign existed.
2) lines
3) Wheels
4) no weather