Provincial Offences Court Practice

Overview of the Statutory Framework and the Court’s Jurisdiction

• Legislative framework: a review of the Provincial Offences Act (rules and procedure)
• Recent legislative developments

Preliminary Issues – Putting Your Best Foot Forward

Critical Issues in the First Client Meeting:

• Finalizing your retainer
• Managing client expectations at an early stage
• Obtaining proper instructions
• Developing a strategic defence plan
• Securing and reviewing initial disclosure
• Best practices for avoiding conflicts
• Ensuring you do not act contrary to your client’s instructions

The Pre-Trial Phase

• Planning and preparing for the pre-trial
• Discussing early resolution with your client

Professionalism Issues in POA Cases

• Various ethical situations encountered by the POA practitioner

  * This module is available for individual purchase

• Review of common types of evidence in the Provincial Offences Court (emphasis on Highway Traffic Act proceedings)
• Overview of the most critical evidentiary issues: hearsay, electronic evidence, privileged information, etc.
• “Good Evidence, Bad Evidence” – Using a variety of case scenarios, judges and experienced counsel will lead the group in an interactive discussion on the issues and circumstances related to admissibility of evidence.
• “Dissecting Disclosure – a Case Study” – Prior to the module date, all participants will receive a sample set of disclosure pertaining to a POA matter. In this session, faculty will conduct a detailed review of the disclosure, addressing the key components and how they can be relied upon to advance your case. The discussion will also address how to identify outstanding information and strategies about how to obtain what you need.

  * This module is available for individual purchase

• Overview of the key sections of the Charter and their application in the Provincial Offences Court
• Disclosure and delay – bringing an 11(b) application
• Review of Charter claims and available remedies (exclusion of evidence)
• A study of the leading Charter cases and their effect on POA Court

Written Advocacy Workshop: Drafting an Effective Charter Application
Prior to the module, participants will be provided with a fact scenario which they will use to draft a Charter application (to be submitted for review before the start of Module 3). Working in small groups, facilitators will discuss the principles of effective written advocacy, and provide participants with individualized feedback on their applications.

Preparing for the Trial

• How to prepare your client and witnesses
• Strategies on pre-trial negotiations with the prosecutor
• Preparing the examination-in-chief of any of your witnesses and preparing for the cross-examination of the prosecutor’s witnesses
• Recognizing the importance and significance of each witness and knowing which questions to ask

The POA Trial

• Opening statements and closing submissions
• Tips on effective advocacy when examining witnesses

Guilty Pleas and Sentencing

• Plea comprehension inquiry – getting instructions from your client and ensuring it is a proper plea
• Sentencing objectives/principles
• Effective advocacy at the sentencing stage

Appeals

• Proper grounds and knowing when to appeal

*This module will not be recorded.

Prior to the module, all participants will receive the case file that will form the basis of both workshops.

On the day of the module, participants will break into small groups and work with expert facilitators to practice and hone their oral advocacy skills.

Facilitators will include judges, justices of the peace and senior legal practitioners. These skills-based workshops will focus on two key areas of POA advocacy: cross-examinations and sentencing submissions.

Workshop #1: Cross-Examination of a Police Officer
The session will start with a live demonstration of an examination-in-chief of an officer, performed by an experienced prosecutor and a former police officer. After a discussion of the demonstration, participants will split into small groups, and will have the opportunity to conduct a cross-examination of an officer. Participants will receive individualized feedback from the expert facilitators.

Workshop #2: Sentencing Submissions
In this second learn-by-doing workshop, participants will draft and deliver submissions on sentencing, in a small group, before a judge and/or justice of the peace. Each participant will receive individualized feedback on their submissions from the expert facilitators in the group.