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Ontario Highway Traffic Act

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PostPosted: Fri Oct 09, 2009 7:41 pm 
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Where do I find a copy of a POA Part III summons?

The regualtion only shows a Part I summons.

Or is a Part I summons also used for Part III?


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PostPosted: Fri Oct 09, 2009 9:14 pm 
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Joined: Thu Aug 27, 2009 10:06 pm
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drive really really fast past a cop ..and i am sure a cop will give you one.... :D

OPS


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PostPosted: Fri Oct 09, 2009 10:31 pm 
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I'm sure they will. But the question is: the POA regualtion doesn't provide for Part III summons; so are the Part III summons they're handing out all bogus; just like their Offence Notices are?

And if they are legit summones, is the proper legal procedure being followed when they issue a Part III summons?

I just found this though.

http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK36

POA s. 22 states a Part III summons must be in "prescribed" form.

Under POA s. 1, the definition of "“prescribed” means prescribed by the rules of court.

Part III of the POA only allows a provincial offences officer to serve a person with a summons.

Quote:
Summons before information laid

22. Where a provincial offences officer believes, on reasonable and probable grounds, that an offence has been committed by a person whom the officer finds at or near the place where the offence was committed, he or she may, before an information is laid, serve the person with a summons in the prescribed form.



POA s. 1 defines a "police officer" and a “provincial offences officer.”

Quote:
“police officer” means a chief of police or other police officer but does not include a special constable or by-law enforcement officer;

“provincial offences officer” means a police officer or a person designated under subsection (3);


If a police officer by the POA's own definition is not a “provincial offences officer” how can it then define a “provincial offences officer” as a "police officer"?

Moreover, POA s. 22 states the summons may be served before an information is laid. However, at no time does an officer serve a summons (HTA s. 172 for example) and then lay the information before a Justice.

POA s. 24 sets out the procedure for laying an information.

It states a justice who receives an information under s 23 (s. 23 is in regards to a private citizen laying an information; not an officer laying an information) may do certain things, as listed below.

However, s. 24(a)(i) states the justice can confirm the summons served under s. 22 where the justice considers that a case for so doing is made out. Section 22 is in relation to the officer laying the information after serving the summons and notin relation to a private citizen laying the information under s 23.

Under s. 24(b)(ii) The justice can also cancel the summons issued by an officer under s. 22.

This tells me that despite s. 24(1) only referring to s. 23, the legal and proper procedure after a summons is issued by an officer under s. 22 is that the officer must attend before a justice to have the summons validated by the justice, otherwise s. 24 (b) and (b)(ii) would not make reference to s. 22.

Officers are not doing this. Therefore, maybe each Part III summon served is not valid.


Procedure on laying of information

24. (1) A justice who receives an information laid under section 23 shall consider the information and, where he or she considers it desirable to do so, hear and consider in the absence of the defendant the allegations of the informant and the evidence of witnesses and,

(a) where he or she considers that a case for so doing is made out,

(i) confirm the summons served under section 22,
if any,

(ii) issue a summons in the prescribed form, or

(iii) where the arrest is authorized by statute and where the allegations of the informant or the evidence satisfy the justice on reasonable and probable grounds that it is necessary in the public interest to do so, issue a warrant for the arrest of the defendant; or

(b) where he or she considers that a case for issuing process is not made out,

(i) so endorse the information, and

(ii) where a summons was served under section 22, cancel it and cause the defendant to be so notified.


Rules Of The Ontario Court (provincial Division) In Provincial Offences Proceedings,

http://www.canlii.org/eliisa/highlight. ... g-200.html


32 (4) A summons under section 22 of the Act shall be in Form 104

FORM 104

SUMMONS TO DEFENDANT UNDER SECTION 22 OF THE PROVINCIAL OFFENCES ACT

Courts of Justice Act


Notice the summons is NOT in both English and French as required by the FSLA?

Or maybe the summones are in both languages and just not in both languages for the purposes of the online regulation. I'm not certain. The online regualtion says its only made in English.


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