Provincial Offences act
Provincial Offence Act
Final Exam Review
1. Initial Interview
- Gather all information that may be relevant to both trial and sentencing.
- If the client is calling from a police station, ensure privacy, and gather as much information as possible from the officer-in-charge.
- Does the client wish to be interviewed in the presence of a third person?
- Consider that the solicitor-client privilege may no longer apply and the third person could be forced to testify about the interview.
Documents to obtain:
- documents served on your client
- all relevant correspondence and notes
- employment and business records
- photographs or diagrams
2. What to first look at when your client advises you that he has been charged
The Provincial Offences Act is the procedure by which offences under other provincial Acts and certain federal regulatory offences governed by the Contraventions Act (Canada) are prosecuted. Refer to the Charging Act and compare its wording with the charges laid against your client. Recognize the illegal “acts” alleged.
Background Questions: Obtain and accurately record the following background details from your client:
1. Name, date of birth, address and telephone number(s)
2. First language- would an interpreter be helpful?
3. Marital Status, with names and ages of spouses and any children – does the client support dependants?
4. Immigration status and residence history.
5. Education history and plans
6. Employment history and sources of income.
7. Ability to pay fines and your fees.
8. Mental and/or physical health and treatment
9. Criminal and/or provincial record of offences (or other relevant governmental record of misconduct, with explanations if any.)
10. Bail, probation, or other court or administrative orders or agreements in effect, with contact person to confirm compliance, if necessary.
11. Charges outstanding.
12. Character references – does your client want family, friends or employer to know of the charges?
Final Exam Review
1. Initial Interview
- Gather all information that may be relevant to both trial and sentencing.
- If the client is calling from a police station, ensure privacy, and gather as much information as possible from the officer-in-charge.
- Does the client wish to be interviewed in the presence of a third person?
- Consider that the solicitor-client privilege may no longer apply and the third person could be forced to testify about the interview.
Documents to obtain:
- documents served on your client
- all relevant correspondence and notes
- employment and business records
- photographs or diagrams
2. What to first look at when your client advises you that he has been charged
The Provincial Offences Act is the procedure by which offences under other provincial Acts and certain federal regulatory offences governed by the Contraventions Act (Canada) are prosecuted. Refer to the Charging Act and compare its wording with the charges laid against your client. Recognize the illegal “acts” alleged.
Background Questions: Obtain and accurately record the following background details from your client:
1. Name, date of birth, address and telephone number(s)
2. First language- would an interpreter be helpful?
3. Marital Status, with names and ages of spouses and any children – does the client support dependants?
4. Immigration status and residence history.
5. Education history and plans
6. Employment history and sources of income.
7. Ability to pay fines and your fees.
8. Mental and/or physical health and treatment
9. Criminal and/or provincial record of offences (or other relevant governmental record of misconduct, with explanations if any.)
10. Bail, probation, or other court or administrative orders or agreements in effect, with contact person to confirm compliance, if necessary.
11. Charges outstanding.
12. Character references – does your client want family, friends or employer to know of the charges?